Legal Opinion

Mintz v. Scowden

Superior Court of Pennsylvania

Decided October 8, 1917No. Appeal, No. 133PublishedCited by 2 opinions

Appeal, No. 133, April T., 1917, by defendant, from order of C. P. Forest Co., May T., 1916, No. 9, awarding mandamus in case of David Mintz v. J. C. Scowden, W. H. Brazee and Reed M. Brenneman, Commissioners' of Forest County. Petition for mandamus.

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Appeal, No. 133, April T., 1917, by defendant, from order of C. P. Forest Co., May T., 1916, No. 9, awarding mandamus in case of David Mintz v. J. C. Scowden, W. H. Brazee and Reed M. Brenneman, Commissioners' of Forest County. Petition for mandamus. From the record it appeared that the petitioner presented to the county commissioners for payment 212 “scalp certificates” for the killing of noxious animals as provided by the Act of April 10, 1907, P. L. 60. The commissioners refused to pay the certificates on the ground that the Act of 1907 had been repealed by the Act of April 15, 1915, P. L.…

1Opinion of the Court

Opinion by

Kephart, J.,

This is an appeal from a decree directing the commissioners of Forest County to pay scalp bounties. The claims arose under the Act of April 10, 1907, P. L. 60. Between the time the animals were killed and the date of presentation of the justice’s certificate to the commissioners and demand for payment, the Act of 1907 was repealed by the Act of April 15, 1915, P. L. 126. It is the contention of the commissioners that by the repeal all proceedings founded on the Act of 1907, not ripened into judgment, must fall: Lawrence County v. New Castle, 18 Pa. Superior Ct. 313;…

2Cases cited8 opinions

  1. Commonwealth v. Mortgage Trust Co.Supreme Court of Pennsylvania · 1909
  2. Salt Co. v. East SaginawSupreme Court of the United States · 1872
  3. Haspel v. O'BrienSupreme Court of Pennsylvania · 1907
  4. Welch v. CookSupreme Court of the United States · 1879
  5. Lawrence County v. City of New CastleSuperior Court of Pennsylvania · 1901

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3Cited by2 opinions

  1. Moffitt v. United States Shipping Board Emergency Fleet Corp.Superior Court of Pennsylvania · 1922
  2. Kern v. Kern, Pennsylvania Court of Common Pleas, Berks County1944

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