Commonwealth v. Flatt

Dissenting Opinion op

Judge Dietzman.

Believing that the majority opinion is supported, neither 'by the law, nor by a fair interpretation to be put on the facts alleged in the answer, on a demurrer to which this case went off, I am impelled to dissent.

First, with regard to the law. Section 103 of the Constitution provides:

“The judges1 of county courts, clerks, sheriffs,, surveyors, coronerls, jailers, constables, anid such other officers as the general assembly may from time to time require, shall, before they enter upon the duties of their respective offices, and as often thereafter as may be…