Legal Opinion

Bell v. Allegheny County

Supreme Court of Pennsylvania

Decided May 23, 1892No. Appeal, No. 40PublishedCited by 19 opinions

Appeal, No. 40, Oct. T., 1392, (certified from the Western district) by ten taxpayers on be-' half of the defendant, from judgment of C. P. No. 1, Allegheny Co. March T., 1892, No. 18, on verdict for plaintiff, John A. Bell, the county treasurer. Assumpsit to recover salary as county treasurer.

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Appeal, No. 40, Oct. T., 1392, (certified from the Western district) by ten taxpayers on be-' half of the defendant, from judgment of C. P. No. 1, Allegheny Co. March T., 1892, No. 18, on verdict for plaintiff, John A. Bell, the county treasurer. Assumpsit to recover salary as county treasurer. The plaintiff’s statement set out that he was duly elected treasurer of Allegheny county in November, 1890, and entered upon the discharge of the duties of his office on the first Monday of January, 1891. The statement was filed December, 1891, and claimed $7,500 salary for the first three quarters of…

1Opinion of the Court

Opinion by

Mr. Justice Heydrick,

By “ An Act relating to Allegheny county, ” approved May 1, 1861, the salary of the treasurer of that county was fixed at $4,000 per annum, and, by a supplementary act, approved March 11,1870, it was increased $500. Unless, therefore, these acts have been repealed, the salary of that officer is now $4,500 per annum, and the learned court below erred in entering judgment in his favor for the amount of the larger salary claimed under the general acts of 1876 and 1883. It is, however, contended that the act of March 31, 1876, intended to carry into effect § 5 of…

Also in this document: Dissent.

2Cases cited2 opinions

  1. Wheeler v. PhiladelphiaSupreme Court of Pennsylvania · 1875
  2. Commonwealth ex rel. Fertig v. PattonSupreme Court of Pennsylvania · 1879

3Cited by19 opinions

  1. County of Allegheny v. GrierSupreme Court of Pennsylvania · 1897
  2. Commonwealth ex rel. Cambria County v. LloydSuperior Court of Pennsylvania · 1896
  3. Bell v. County of AlleghenySupreme Court of Pennsylvania · 1898
  4. McCleary v. Allegheny CountySupreme Court of Pennsylvania · 1894
  5. Graham v. PhiladelphiaSupreme Court of Pennsylvania · 1926

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