Gaul v. Philadelphia ( 1956 )

Dissenting Opinion

by Me. Justice Bell

(in Jennings v. Philadelphia) :

. Plaintiff, employed as Chief Clerk in the office of the Sheriff prior to the City-County Consolidation Amendment, was dismissed in a letter from the Sheriff which, read: “For just cause, your employment in the Sheriff’s office has been terminated, effective January 2,1953.” The Sheriff filed an answer in the mandamus proceeding brought by plaintiff stating, inter alia, that in the process of reorganization of the Sheriff’s office the duties which she performed were being consolidated and taken over by other employes of the office, naming them.

Under Cornman v. Philadelphia, 380 Pa. 312, 111 A. 2d 121, this answer came too late. I would affirm the lower Court which held that this case is directly-ruled by Cornman v. Philadelphia.