Legal Opinion

Buttorff v. York City

Supreme Court of Pennsylvania

Decided June 26, 1920No. Appeals, Nos. 289 and 290PublishedCited by 13 opinions

Appeals, Nos. 289 and 290, Jau. T., 1920, by Clayton R. Anstine, Wilbur O. Bressler and Austin M. Grove, members of council of York City, from judgment of C. P. York Co., April T., 1920, Nos. 88 and 89, for plaintiffs, on demurrer to return to petition for mandamus, in cases of John F. Buttorff v. City of York, Clayton E. Anstine et al., members of council, and E. S. Hugentngler, Mayor, and Prank A. Free v. City of York, Clayton R. Anstine et al., members of council, and E.…

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Appeals, Nos. 289 and 290, Jau. T., 1920, by Clayton R. Anstine, Wilbur O. Bressler and Austin M. Grove, members of council of York City, from judgment of C. P. York Co., April T., 1920, Nos. 88 and 89, for plaintiffs, on demurrer to return to petition for mandamus, in cases of John F. Buttorff v. City of York, Clayton E. Anstine et al., members of council, and E. S. Hugentngler, Mayor, and Prank A. Free v. City of York, Clayton R. Anstine et al., members of council, and E. S. Hugentngler, Mayor. Petition for mandamus. Demurrer to return. Before Wanner, P. J., specially presiding. The opinion…

1Opinion of the Court

Opinion by

Mr. Justice Walling,

These two appeals involve the same questions and will be considered together. York is a city of the third class and plaintiffs are members of its police force. On January 16, 1920, the mayor directed plaintiffs to report to him daily for special duty, and on the following day the chief of police directed them to report for an entirely different and inconsistent duty. They obeyed the mayor; and the chief of police, whose orders they necessarily disregarded, at once presented charges against them to the mayor and council for such insubordination and neglect of…

2Cases cited3 opinions

  1. White v. City of MeadvilleSupreme Court of Pennsylvania · 1896
  2. Brown v. County CommissionersSupreme Court of Pennsylvania · 1853
  3. Pennsylvania State Camp, P. O. of A.'s ApplicationSupreme Court of Pennsylvania · 1918

3Cited by13 opinions

  1. Turner v. May Corp.Superior Court of Pennsylvania · 1981
  2. Commonwealth Ex Rel. Matthews v. LomasSupreme Court of Pennsylvania · 1930
  3. Nyce v. Board of CommissionersSupreme Court of Pennsylvania · 1935
  4. Swartley v. HarrisSupreme Court of Pennsylvania · 1944
  5. Cresson Borough v. SeedsSupreme Court of Pennsylvania · 1926

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