Commonwealth ex rel. Lafean v. Snyder
Supreme Court of Pennsylvania
Appeal, No. 10, May T., 1917, by defendants, from judgment of C. P. Dauphin Co.,. 1917, Commonwealth Docket No. 140, awarding mandamus in case of Commonwealth of Pennsylvania ex rel. Daniel F. Lafean, Commissioner of Banking, v. Charles A. Snyder, Auditor General, and Harmon M. Kephart, Treasurer of the Commonwealth of Pennsylvania. Petition for mandamus. Before Kunkel, J. • The opinion of the Supreme Court states the facts. The court awarded a mandamus as prayed for.
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Appeal, No. 10, May T., 1917, by defendants, from judgment of C. P. Dauphin Co.,. 1917, Commonwealth Docket No. 140, awarding mandamus in case of Commonwealth of Pennsylvania ex rel. Daniel F. Lafean, Commissioner of Banking, v. Charles A. Snyder, Auditor General, and Harmon M. Kephart, Treasurer of the Commonwealth of Pennsylvania. Petition for mandamus. Before Kunkel, J. • The opinion of the Supreme Court states the facts. The court awarded a mandamus as prayed for. Defendants appealed. Error assigned was in awarding the mandamus.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
On April 24, 1917, Daniel F. Lafean, the relator, was appointed commissioner of banking to fill a vacancy occurring during a session of the State senate, and subsequently the governor forwarded the nomination for the regular term. The senate rejected the nomination, and shortly after its adjournment the governor reappointed him to fill the vacancy and to serve until the end of the next session of the senate. The appointee entered upon the duties of his office and subsequently filed with the auditor general a requisition for salary, which the latter refused to…
2Cases cited7 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Commonwealth ex rel. Attorney General v. MathuesSupreme Court of Pennsylvania · 1904
- Commonwealth v. BellSupreme Court of Pennsylvania · 1891
- Commonwealth v. ClarkSupreme Court of Pennsylvania · 1844
- Mansel v. NicelySupreme Court of Pennsylvania · 1896
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3Cited by31 opinions
- Breslow v. Baldwin Township School DistrictSupreme Court of Pennsylvania · 1962
- Creamer v. Twelve Common Pleas JudgesSupreme Court of Pennsylvania · 1971
- Commonwealth Ex Rel. Kelley v. PommerSupreme Court of Pennsylvania · 1938
- STROUP v. KapleauSupreme Court of Pennsylvania · 1973
- Montgomery, Jr. v. MartinSupreme Court of Pennsylvania · 1928
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