Legal Opinion

Bonnell v. Philadelphia

Superior Court of Pennsylvania

Decided March 1, 1912No. Appeal, No. 46PublishedCited by 2 opinions

Appeal, No. 46, Oct. T., 1911, by plaintiff, from decree of C. P. No. 5, Phila. Co., June T., 1910, No. 2,300, dismissing bill in equity in suit of Henry PI. Bonnell v. City of Philadelphia, Murrell Dobbins, City Treasurer et al. Bill in equity for an injunction. Before Ralston, J. The opinion of the Superior Court states the case. Error assigned was in dismissing the bill.

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Appeal, No. 46, Oct. T., 1911, by plaintiff, from decree of C. P. No. 5, Phila. Co., June T., 1910, No. 2,300, dismissing bill in equity in suit of Henry PI. Bonnell v. City of Philadelphia, Murrell Dobbins, City Treasurer et al. Bill in equity for an injunction. Before Ralston, J. The opinion of the Superior Court states the case. Error assigned was in dismissing the bill. The department of city treasurer, of the city of Philadelphia is a municipal department, although it is presided over by a county officer: Philadelphia v. McMichael, 208 Pa. 297; Wheeler v. Phila., 77 Pa. 338. The…

1Opinion of the Court

Opinion by

Orlady, J.,

The question involved in this case is practically, Is the Philadelphia county treasurer’s stenographer a city employee or a county employee?

It must be conceded that “the office designated as city treasurer is a county, and not a city office. The treasurer, by whatever name he may be called, is a county officer, exercising his functions over the entire territory of the city of Philadelphia, which is coextensive with that of the county, just as the sheriff, recorder of deeds, and other county officers exercise their functions over the same territory.” This was decided by…

2Cases cited2 opinions

  1. Taggart v. Commonwealth ex rel. Attorney-GeneralSupreme Court of Pennsylvania · 1883
  2. Commonwealth v. OellersSupreme Court of Pennsylvania · 1891

3Cited by2 opinions

  1. Hadley's CaseSupreme Court of Pennsylvania · 1939
  2. Wood v. PhiladelphiaSuperior Court of Pennsylvania · 1915

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