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Neuls v. City of Scranton

Neuls v. City of Scranton, 61 A. 77 (Pa. 1905)
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Court
Supreme Court of Pennsylvania · State Highest Courts
Decided
April 24, 1905
Docket
Nos. , No. 277
Judges
Brown, Dean, Elkin, Mitchell, Potter
Citations
61 A. 77211 Pa. 5811905 Pa. LEXIS 506
Disposition
Affirmed.
Syllabus
Constitutional law—Public officers—Removal of elected officers—Act of March 7, 1901, P. L. 20. The legislature has the power to remove, or to authorize directly or indirectly the removal of an elected municipal officer. The city recorder of the city of Scranton has the power to remove an assessor previously elected. Neuls v. City of Scranton, 20 Pa. Superior Ct. 286, followed. The Act of March 7,1901, P. L. 20, is constitutional. Com. v. Moir, 199 Pa. 534, followed.
Summary
Appeal, No. 277, Jan. T., 1904, by plaintiff, from judgment of C. P. Lackawanna Co., for defendant -on case tried by the court without a jury in suit of John A. Neuls v. City of Scranton. Assumpsit for salary as city assessor. The case was tried by the court without a jury under the Act of April 22, 1874, P. L. 109, and judgment was entered for defendant. Plaintiff appealed. Krror assigned was the judgment of the court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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Per Curiam,

The constitutionality of the Act of March 7, 1901, P. L. 20 was expressty affirmed in Com. v. Moir, 199 Pa. 534 . Every question advanced now, including the constitutional power of *582 the legislature to remove, or to authorize directly or indirectly the removal of an elected municipal officer, was there considered and determined adversely to appellant’s present contention.

In Neuls v. City of Scranton, 20 Pa. Superior Ct. 286 , it was shown that the act of 1901 authorized the recorder to remove an assessor previously elected. It is unnecessary to add anything further on the subject.

Judgment affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1921: 119212026peak 1921 · 1

Relies on it most ⓘ

  1. Spayd v. Ringing Rock Lodge113 A. 70 (Pa. 1921)

Most recent

  1. Spayd v. Ringing Rock Lodge113 A. 70 (Pa. 1921)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Commonwealth v. Moir, 49 A. 351 (Pa. 1901) 154
Neuls v. Scranton City, 20 Pa. Super. 286 (1902) 3

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