Cooke v. Roberts

Opinion by

Mb. Justice Linn,

This appeal is from the refusal of a mandamus to require the Auditor General to approve and the City Treasurer of Philadelphia to pay $6,614.59, claimed by appellant for services as de facto mercantile appraiser from January 5,1938, to March 24, 1938.

The circumstances in which appellant came into the office are stated in Com. ex rel. v. Marinelli et al., 330 Pa. 82, 198 A. 623, Cooke, one of the respondents in that case, being the present appellant. In the brief filed on his behalf, his counsel recognizes that by the accepted rule in this state the emoluments are…