Legal Opinion

Marquette v. County of Berks

Superior Court of Pennsylvania

Decided December 7, 1896No. Appeal, No. 129PublishedCited by 7 opinions

Appeal, No. 129, Nov. T., 1896, by plaintiff, from judgment of C. P. Berks Co., April T., 1896, No. 52, in favor of plaintiff on a case heard before the court without a jury. Appeal from judgment of alderman. Tbe facts sufficiently appear in tbe-opinion of tbe court below, by Endlich, J. This is an action against the county of Berks to recover a sum alleged to be due to the plaintiff for services as assessor.

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Appeal, No. 129, Nov. T., 1896, by plaintiff, from judgment of C. P. Berks Co., April T., 1896, No. 52, in favor of plaintiff on a case heard before the court without a jury. Appeal from judgment of alderman. Tbe facts sufficiently appear in tbe-opinion of tbe court below, by Endlich, J. This is an action against the county of Berks to recover a sum alleged to be due to the plaintiff for services as assessor. By agreement of counsel, it was tried without a jury under the act of 1874. FINDINGS OF FACT. 1. At the spring election of 1893, the plaintiff was elected assessor of the 12th ward of…

1Opinion of the Court

Opinion by

Willard, J.,

Whether the appellant was necessarily employed one hundred and thirty-one (131) days or twice that number in making the assessment for the 12th ward of the city of Reading, as we view the law, is immaterial. Certain it is, that an assessor cannot assess until furnished with a sufficient precept by the commissioners of the proper county for that purpose. For services performed during the life of his warrant he is entitled to pay. To allow him compensation for one day’s services prior to his receipt of the precept implies the right to give him compensation for every…

2Cited by7 opinions

  1. Harvey v. City of HazletonSuperior Court of Pennsylvania · 1923
  2. Voltz v. the County of ErieSuperior Court of Pennsylvania · 1923
  3. Commonwealth Ex Rel. v. WoodwardSuperior Court of Pennsylvania · 1928
  4. Anson v. County of MontgomerySuperior Court of Pennsylvania · 1919
  5. Burig v. Washington County Commissioners, Pennsylvania Court of Common Pleas, Washington County1943

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