[DOWNLOAD] "Herbert L. Firing v. Hon. A. Evans Kephart" by Superior Court of Pennsylvania " Book PDF Kindle ePub Free
eBook details
- Title: Herbert L. Firing v. Hon. A. Evans Kephart
- Author : Superior Court of Pennsylvania
- Release Date : January 17, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
In November, 1969, Herbert L. Firing, plaintiff-appellant in this action, was reelected District Justice of the Peace for Magisterial District 38-2-01, and in January, 1970, he began to serve his new term. His seventieth birthday occurring on September 29, 1973, however, he was mandatorily retired, as required by Article V, Section 16(b) of the Pennsylvania Constitution. He subsequently filed a complaint in mandamus in the Commonwealth Court against the State Court Administrator and the Treasurer of the Commonwealth alleging that he had been elected to a six-year term of office which did not expire until January 1, 1976, and that Article V, Section 16(a) of the Constitution provides that the compensation of justices, judges, and justices of the peace shall not be diminished during their terms of office unless by law applying to all salaried officers of the Commonwealth; he asked that defendants [appellees] be ordered to pay the salary allegedly due him for the period subsequent to his retirement, which they had refused to pay. Appellees filed preliminary objections in the nature of a demurrer, and the Commonwealth Court, with one judge dissenting, sustained the preliminary objections. See Firing v. Kephart, 18 Pa. Commw. 578, 336 A.2d 470 (1975). This appeal followed.