Rush v. Philadelphia

Citations

• 62 Pa. Super. 80
• 1916 Pa. Super. LEXIS 358

Syllabus

<p>Municipalities — Employees — Dismissal — Civil service rules— Suit for wages.</p> <p>Where a carpenter employed by the City of Philadelphia, and subject to the civil service regulations, is dismissed, and is served with a notice stating the reasons for his dismissal, to which, he files no answer and as to which he takes no further action, he cannot maintain a suit against the city for his wages from the time of his suspension or dismissal until the date of the suit; and this is the case irrespective of the fact whether his discharge was regulated by the Act of March 6, 1906, P. L. 83, or by the Act of February 15, 1906, P. L. 19, or by both of these acts construed in pari materia.</p> <p>Title to office cannot be tried in an action to recover salary incident thereto.</p> <p>Statutes — Repeal—Acts of February 15, 1906, F. L. 19, and March 5,1906, P. L. 88.</p> <p>It seems that the Act of February 15, 1906, Sec. 2, P. L. 19, was repealed by the Act of March 5, 1906, Sec. 20, P. L. 83.</p>