Nowling v. Newell
Superior Court of Pennsylvania
Appeal, No. 149, April T., 1916, by plaintiff, from order of C. P. Lawrence Go., Sept. T., 1914, No. 37, refusing petition to ascertain and fix damages in case of W. K. Nowling v. A. D. Newell, et al., Members of and Composing the City Council of (be. City of New Castle. Petition for mandamus and for the court to ascertain and fix damages. The facts are stated in the opinion of the Superior Court. Error assigned Avas refusal of court to ascertain and fix damages.
1Opinion of the Court
Opinion by
Orlady, P. J.,
In Goodwin v. Bradford City Council, 248 Pa. 453, the constitutionality of the Act of July 24, 1913, P. L. 960, under which this plaintiff seeks to recover, was sustained. ' Upder the authority given by that act the mayor of the *69city on January 5,1914, appointed the plaintiff inspector of weights and measures, and his right to do so is not challenged. On the same day the mayor notified the city council of the appointment, and requested that body to make the necessary appropriation for the salary of his appointee. On August 21, 1914, the council not having taken any…
2Cases cited9 opinions
- Commonwealth ex rel. Bowman v. SliferSupreme Court of Pennsylvania · 1855
- Brower v. KantnerSupreme Court of Pennsylvania · 1899
- Cunningham v. DunlapSupreme Court of Pennsylvania · 1913
- Rothrock v. Easton School District, Pennsylvania Court of Common Pleas, Northampton County1890
- County of Luzerne v. TrimmerSupreme Court of Pennsylvania · 1880
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3Cited by5 opinions
- Commonwealth v. BrownLycoming County Court of Quarter Sessions · 1955
- Dumbleton v. Eckley, Pennsylvania Court of Common Pleas, Centre County1938
- Easton Councilmen's Salaries, Pennsylvania Court of Common Pleas, Northampton County1926
- Hohnka v. Eckley, Pennsylvania Court of Common Pleas, Centre County1939
- Warminster Township Appeal, Pennsylvania Court of Common Pleas, Bucks County1971