Legal Opinion

Lewis v. Lackawanna County

Supreme Court of Pennsylvania

Decided October 11, 1901No. Appeal, No. 184PublishedCited by 25 opinions

Appeal, No. 184, Jan. T., 1901, by plaintiff, from judgment of Superior Court, Jan. T., 1902, No. 9, reversing judgment of C. P. Lackawanna Co., Jan. T., 1901, No. 771, in case of William R. Lewis v. Lackawanna County. Appeal from Superior Court.

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Appeal, No. 184, Jan. T., 1901, by plaintiff, from judgment of Superior Court, Jan. T., 1902, No. 9, reversing judgment of C. P. Lackawanna Co., Jan. T., 1901, No. 771, in case of William R. Lewis v. Lackawanna County. Appeal from Superior Court. The facts as agreed upon by parties were as follows: • 1. The plaintiff was duly elected district attorney of Lackawanna county on November 6, 1900, to serve for the term.of three years from the first Monday of January, 1901, and entered upon the duties of his office on the said first Monday.'of January, 1901, being January 7, 1901. • ' 2. Between…

1Opinion of the Court

Opinion by

Mb. Justice Mitchell,

Section 5 of article 14 of the constitution providing that “ in counties containing over one hundred and fifty thousand inhabitants, all county officers shall be paid by salary,” does not execute itself, nor does it furnish the courts with any means of executing it. It is a mandate to the legislature, but does not become effective until legislative action. In this respect it is in exactly the same position as section 5 of article 5, directing that every county containing 40,000 inhabitants shall constitute a separate judicial district, and section 12 of the same…

2Cases cited6 opinions

  1. Guldin v. Schuylkill CountySupreme Court of Pennsylvania · 1892
  2. Commonwealth ex rel. Chase v. HardingSupreme Court of Pennsylvania · 1878
  3. Luzerne County v. GlennonSupreme Court of Pennsylvania · 1885
  4. In re Cahill, Slevin & McVaySupreme Court of Pennsylvania · 1885
  5. Commonwealth v. ComreySupreme Court of Pennsylvania · 1892

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3Cited by25 opinions

  1. Commonwealth v. National Gettysburg Battlefield Tower, Inc.Supreme Court of Pennsylvania · 1973
  2. Commonwealth ex rel. Woodring v. WalterSupreme Court of Pennsylvania · 1922
  3. Cahill v. LeopoldSupreme Court of Connecticut · 1954
  4. Varble v. WhitecottonSupreme Court of Missouri · 1945
  5. City of Twin Falls v. KoehlerIdaho Supreme Court · 1942

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