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GOODWIN v. ALLEGHENY COUNTY (10/02/56)

October 2, 1956

GOODWIN
v.
ALLEGHENY COUNTY, APPELLANT.



Appeal, No. 171, April T., 1956, from judgment of Court of Common Pleas of Allegheny County, April T., 1956, No. 1316, in case of Bernard H. Goodwin v. County of Allegheny. Judgment reversed.

COUNSEL

Maurice Louik, Assistant County Solicitor, with him Nathaniel K. Beck, County Solicitor, for appellant.

William L. Shaffer, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Carr, JJ.

Author: Rhodes

[ 182 Pa. Super. Page 29]

OPINION BY RHODES, P.J.

This is an appeal by the County of Allegheny from a judgment entered by the court below in favor of plaintiff, Bernard H. Goodwin, Register of Wills and Clerk of the Orphans' Court of Allegheny County, on a case stated in assumpsit.

The Act of December 22, 1955, P.L. 788, No. 278, amending the Second Class County Code, section 1810,

[ 182 Pa. Super. Page 30]

Act of July 28, 1953, P.L. 723, Art. XVIII, 16 PS § 2151-1810, provides, inter alia, for an increase in the annual salary of the Register of Wills and Clerk of the Orphans' Court of Allegheny County of one thousand dollars, that is, from five thousand five hundred dollars to six thousand five hundred dollars.

The judgment is for the increased salary for the month of January, 1956, as provided by the Act of 1955.

The Court of Common Pleas of Allegheny County, sitting in banc, held that Article III, § 13 of the Constitution of the Commonwealth of Pennsylvania which prohibits the increase or decrease in the salary or emoluments of a public officer after his election or appointment was not applicable. The County of Allegheny thereupon appealed to this Court.

Although Goodwin is the only named plaintiff, other county officers of the County of Allegheny have stipulated that they will be bound by the final judgment in this case with respect to any claim for the salary increase which they ...


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