Stuart v. Elish

Supreme Court of Pennsylvania

Stuart v. Elish

190 A.2d 323, 410 Pa. 374, 1963 Pa. LEXIS 620

CourtSupreme Court of Pennsylvania

DecidedApril 16, 1963

DocketAppeal, No. 64

StatusPublished

This text of 190 A.2d 323 (Stuart v. Elish) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stuart v. Elish, 190 A.2d 323, 410 Pa. 374, 1963 Pa. LEXIS 620 (Pa. 1963).

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Opinion

Opinion by

Mr. Chief Justice Bell,

This is an appeal by petitioner Stuart from an Order of the Court of Common Pleas of Washington County on a petition for a declaratory judgment.

[375]*375Harvey Stuart was Treasurer of Washington County from 1956 to 1959. Among his duties he was to collect fifty (50$) cents for each gun permit issued in the County under the Uniform Firearms Act, as amended by the Act of July 27, 1953, P. L. 627, §1(e), 18 P.S. §4628(e). The fees collected by Stuart from 1957 to 1959, totaling $1,515 are now held by Stuart, who claims that he and not the County is entitled thereto. The Court below decided that the money belongs to the County of Washington.

Without deciding the question we shall assume, arguendo, that the issue can properly be raised in a declaratory judgment proceeding. After reviewing the record, Judgment affirmed. Each party to pay own costs.

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Opinion by

Mr. Chief Justice Bell,

This is an appeal by petitioner Stuart from an Order of the Court of Common Pleas of Washington County on a petition for a declaratory judgment.

[375]*375Harvey Stuart was Treasurer of Washington County from 1956 to 1959. Among his duties he was to collect fifty (50$) cents for each gun permit issued in the County under the Uniform Firearms Act, as amended by the Act of July 27, 1953, P. L. 627, §1(e), 18 P.S. §4628(e). The fees collected by Stuart from 1957 to 1959, totaling $1,515 are now held by Stuart, who claims that he and not the County is entitled thereto. The Court below decided that the money belongs to the County of Washington.

Without deciding the question we shall assume, arguendo, that the issue can properly be raised in a declaratory judgment proceeding. After reviewing the record, Judgment affirmed. Each party to pay own costs.

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Bluebook (online)

190 A.2d 323, 410 Pa. 374, 1963 Pa. LEXIS 620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stuart-v-elish-pa-1963.