Commonwealth ex rel. City of Lancaster v. Martin
Supreme Court of Pennsylvania
Appeal, No. 305, January Term, 1895, by plaintiff, from order of C. P. Lancaster Co., Trust Book 15, p. 313, refusing peremptory mandamus. Petition for writ of mandamus by Edwin S. Smeltz, mayor of the city of Lancaster, against S. S. Martin, treasurer of Lan caster county, to compel the payment of a portion of the liquor license fees collected by the respondent, and alleged to be due to the city of Lancaster.
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Appeal, No. 305, January Term, 1895, by plaintiff, from order of C. P. Lancaster Co., Trust Book 15, p. 313, refusing peremptory mandamus. Petition for writ of mandamus by Edwin S. Smeltz, mayor of the city of Lancaster, against S. S. Martin, treasurer of Lan caster county, to compel the payment of a portion of the liquor license fees collected by the respondent, and alleged to be due to the city of Lancaster. Upon the petition of the commissioners of Lancaster county, an order was made on December 18,1894, permitting the county to intervene in the proceedings. Martin filed an answer in which…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The duties, imposed upon county treasurers by the license laws of the commonwealth are additional and special. The price of the license is received for such uses and purposes as the law provides. If it is received for the use of the county it becomes a part of the money of the county in the hands of the treasurer and is paid out on the orders or warrants of the county commissioners. If it is received for the use of the state it is the money of the state, for which the receiving officer is primarily liable. If it is received for the use of a city, borough,…
2Cited by4 opinions
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