Cooke v. Roberts

Dissenting Opinion by

Mr. Justice. Barnes:

I cannot concur in the majority opinion because .1 am convinced that appellant is entitled to the compensation which he seeks for the services rendered by-him, pending the determination of his appeal to this’ Court from- the judgment of . ouster entered against him in the court of common pleas.

While it is . true that'in a number of our cases it has been stated that “one who is merely a de facto and not a de jure officer cannot claim compensation for official services” (Jones v. Dusman, 246 Pa. 513, 515; Com. ex rel. Shoemaker v. Thomas, 328 Pa. 19,…