FARRELL v. DELAWARE COUNTY


414 Pa. 64 (1964)

Farrell v. Delaware County, Appellant.

Supreme Court of Pennsylvania.

March 17, 1964.


Attorney(s) appearing for the Case

John F. Cramp, Solicitor, for County of Delaware, appellant.

William A. Welsh, for intervenors, appellants.

Donald J. Orlowsky, with him Walter T. ReDavid, and ReDavid, Sparks, Orlowsky & Maffei, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. JUSTICE EAGEN, March 17, 1964:

On March 10, 1961, the Commissioners of Delaware County, Pennsylvania, through the affirmative votes of two members, Albert H. Swing and William A. Welsh, passed a resolution, fixing the commissions or compensation to be paid tax collectors beginning January 1, 1962, for collecting county and institutional district taxes.

On said date, Swing was not only a duly elected county commissioner, but was also serving...

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