Scranton School D. v. Simpson

Citations

• 133 Pa. 202
• 25 W.N.C. 517
• 19 A. 359
• 1890 Pa. LEXIS 891

Syllabus

<p>1. The Municipal Corporations act of May 23, 1874, P. L. 230, by § 42 of which it is provided that the city treasurer shall ex officio be school treasurer in cities of the third class, does not abolish the office of school treasurer as a separate office in such cities.</p> <p>2. The city treasurer, in addition to his salary as such, is entitled, under the act of May 8, 1854, P. L. 617, to such compensation for his services in the capacity of school treasurer as the hoard of school controllers may determine, not exceeding two per centum of the school taxes collected.</p> <p>3. When the school board have refused to fix any compensation for the treasurer, he does not become in default upou his official bond, by retaining at the end of his term the amount of the maximum commission allowable under said act of 1854, and holding the same to await action by the hoard fixing his commission.</p> <p>4. While it is clear error to frame an issue under a rule to open a judgment when the only dispute is upon a question of law, yet if the assignment of error goes simply to the form of the replication ordered, the Supreme Court will not necessarily reverse, where the final decree is right on the merits.</p>