Bovaird v. City of Bradford

Citations

• 232 Pa. 600
• 81 A. 719
• 1911 Pa. LEXIS 769

Syllabus

<p>Public officers — Municipalities—Treasurer—Compensation—Acts of May 23, 1889, P. L. 277, and May 18, 1901, P. L. 224 — Clerk hire— Failure of plaintiff to establish case.</p> <p>1. In an action of assumpsit by the city treasurer of a city of the third class against the city to recover a sum alleged to be due as salary for a clerk to the city treasurer under an ordinance of the city providing “that the clerk to the city treasurer .... shall receive an annual salary of $720. . . .” which ordinance was repealed after his election to the office, his claim being based upon the Act of May 23, 1889, P. L. 277,13 Par., sec. 3, art. 5, which directs that “no ordinance shall be passed increasing or diminishing the salary of any officer after his election or appointment,” a verdict is properly directed for the defendant where the plaintiff, being put to his proofs, did not attempt to show that any clerk had been appointed by himself or the city councils, and the testimony tending to show that a certain person in the office had acted as clerk was entirely insufficient to raise an issue of fact.</p> <p>2. If in such a case the failure to appoint, cast heavier duties upon the treasurer which he performed, such fact would, under no circumstances, give the treasurer any right to the salary of the clerk, and the increased labor would not be in diminution of his own salary.</p>