Seltzer v. Fertig
Supreme Court of Pennsylvania
Appeals, Nos. 125 and 126, Jan. T., 1912, by H. H. Seltzer, from orders of O. C. Schuylkill Co., enjoining the removal of John H. Fertig as assistant clerk of the Orphans’ Court and directing the attestation of salary bill. Petition to confirm appointment of Thomas A. McCarthy as assistant clerk of the Orphans’ Court.
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Appeals, Nos. 125 and 126, Jan. T., 1912, by H. H. Seltzer, from orders of O. C. Schuylkill Co., enjoining the removal of John H. Fertig as assistant clerk of the Orphans’ Court and directing the attestation of salary bill. Petition to confirm appointment of Thomas A. McCarthy as assistant clerk of the Orphans’ Court. From the record it appeared that on January 1, 1912, H. H. Seltzer, who had been elected to the office of the register of wills, filed a paper in the Orphans’ Court setting forth the fact that he had removed J. H. Fertig as first assistant clerk of the Orphans’ Court, and had…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The question involved in this controversy is whether the register of wills, who is ex-officio clerk of the Orphans’ Court, has power to remove from office an assistant clerk of the Orphans’ Court without the consent of that court. It is contended on behalf of the appellant that the register of wills has the power of appointment and can remove his appointees at will. The court below held that the appointing power is the register of wills in conjunction with the court, and that, therefore, the power of removal is only to be exercised with the consent and approval of…
2Cases cited2 opinions
- Lane v. Commonwealth ex rel. Attorney GeneralSupreme Court of Pennsylvania · 1883
- Sheble v. Strong, Pennsylvania Court of Common Pleas, Luzerne County1889
3Cited by10 opinions
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- Georges Township School DirectorsSupreme Court of Pennsylvania · 1926
- Finley v. McNairSupreme Court of Pennsylvania · 1934
- Commonwealth Ex Rel. Schofield v. LindsaySupreme Court of Pennsylvania · 1938
- Arthur v. PhiladelphiaSupreme Court of Pennsylvania · 1922
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