Philadelphia v. McMichael
Supreme Court of Pennsylvania
Appeal, No. 189, Jan. T., 1903, by defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T.. 1900, on case stated in suit of City of Philadelphia v. Clayton McMichael, City Treasurer. Case stated to determine right of city treasurer to certain commissions.
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Appeal, No. 189, Jan. T., 1903, by defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T.. 1900, on case stated in suit of City of Philadelphia v. Clayton McMichael, City Treasurer. Case stated to determine right of city treasurer to certain commissions. Sulzberger, P. J., filed the following opinion : The defendant was city treasurer of Philadelphia for the term of three years beginning the first Monday of January, 1898. By virtue of the Act of March 31, 1876, P. L., 13, he received a salary of $10,000 yearly. In addition to this he received on settlements with' the state at various…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
The court below has demonstrated the correctness of its judgment by unquestionable authority and the soundest reasoning. Whatever duties the state chooses for its own advantage to impose upon county officers for the collection of its revenue, it cannot so blend such duties with those they owe to the county as to make these duties indistinguishable. Primarily, the officer’s allegiance is owing to the county; the state may as a matter of convenience or economy use him for certain purposes of her own, but the question still is, is there a liability on the part of the…
2Cases cited8 opinions
- Commonwealth v. MannSupreme Court of Pennsylvania · 1895
- Philadelphia v. MartinSupreme Court of Pennsylvania · 1889
- McCleary v. Allegheny CountySupreme Court of Pennsylvania · 1894
- County of Schuylkill v. PepperSupreme Court of Pennsylvania · 1897
- Pierie v. PhiladelphiaSupreme Court of Pennsylvania · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Lennox v. ClarkSupreme Court of Pennsylvania · 1953
- Luzerne County v. MorganSupreme Court of Pennsylvania · 1919
- Bachman's AppealSupreme Court of Pennsylvania · 1922
- Commonwealth Ex Rel. Duff v. HustonSupreme Court of Pennsylvania · 1948
- York County v. FrySupreme Court of Pennsylvania · 1927
7 more not listed; retrieve them via the Exa API.