Legal Opinion

Commonwealth v. Comrey

Supreme Court of Pennsylvania

Decided May 16, 1892No. Appeal, No. 117PublishedCited by 6 opinions

Appeal, No. 117, Jan. T., 1892, by-defendant, Andrew Comrey, sheriff of Schuylkill Co., from judgment of C. P. Schuylkill Co., July T., 1891, No. 243, awarding writ of peremptory mandamus, at the suit of the plaintiff, the Commonwealth of Pennsylvania, ex rel. Samuel Gr. DeTurk et al., Commissioners of Schuylkill Co. Petition for mandamus to compel defendant to comply with the act of March 31, 1876, known as the salary act.

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Appeal, No. 117, Jan. T., 1892, by-defendant, Andrew Comrey, sheriff of Schuylkill Co., from judgment of C. P. Schuylkill Co., July T., 1891, No. 243, awarding writ of peremptory mandamus, at the suit of the plaintiff, the Commonwealth of Pennsylvania, ex rel. Samuel Gr. DeTurk et al., Commissioners of Schuylkill Co. Petition for mandamus to compel defendant to comply with the act of March 31, 1876, known as the salary act. The petition for the mandamus filed June 29, 1891, set out the election of defendant to the office of sheriff of Schuylkill county in November of 1888; that said county at…

1Opinion of the Court

Opinion by

Mb. Justice Heydbick,

The respondent was elected to the office of sheriff of Schuylkill county at the general election in 1888, and assumed the duties of his office on the first Monday of January, 1889, when, according to the rule of ascertainment announced in Luzerne County v. Griffith, 1 Kulp, 297, and followed in Luzerne County v. Glennon, 109 Pa. 564, the county had less than 150.000 inhabitants, and the compensation of the officer was certain fees prescribed by law. The relators asked that he be required to comply with the provisions of §§ 1 and 2 of the act of March 31, 1876,…

2Cases cited1 opinion

  1. Luzerne County v. GlennonSupreme Court of Pennsylvania · 1885

3Cited by6 opinions

  1. Commonwealth ex rel. Woodring v. WalterSupreme Court of Pennsylvania · 1922
  2. Bailey v. WatersSupreme Court of Pennsylvania · 1932
  3. Lewis v. Lackawanna CountySupreme Court of Pennsylvania · 1901
  4. Balley v. Waters, Pennsylvania Court of Common Pleas, Dauphin County1932
  5. Flack v. BarbieriSupreme Court of Pennsylvania · 1980

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