Legal Opinion

In re Surcharge of County Commissioners

Pennsylvania Court of Common Pleas, Lackawanna County

Decided July 1, 1928No. 458PublishedCited by 10 opinions

1Opinion of the Court

Maxey, J. —

The opinion filed in the above-entitled case, purporting to be filed “By the Court” and signed “Newcomb, P. J.,” does not represent the opinion of the Court of Common Pleas of this county, and the judgment entered for $1894.19 against Morgan Thomas et ah, as a surcharge, upon the direction of said judge in said opinion, without the concurrence of at least one of the other judges of the Court of Common Pleas of this County, is a nullity. It is merely a one-judge order. This case was never argued before the court in banc and was not discussed by the court in banc. In fact, this case…

2Cases cited21 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Myers v. United StatesSupreme Court of the United States · 1926
  3. In Re NeagleSupreme Court of the United States · 1890
  4. Sanders v. StateIndiana Supreme Court · 1882
  5. Little v. StateIndiana Supreme Court · 1883

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3Cited by10 opinions

  1. COM. Ex Rel. CARROLL v. TATESupreme Court of Pennsylvania · 1971
  2. Commonwealth ex rel. Carroll v. TateSupreme Court of Pennsylvania · 1971
  3. In Re the Salary of the Juvenile DirectorWashington Supreme Court · 1976
  4. Sweet v. Pennsylvania Labor Relations BoardSupreme Court of Pennsylvania · 1974
  5. Beckert v. WarrenSupreme Court of Pennsylvania · 1981

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