Commonwealth ex rel. Tyler v. Small
Supreme Court of Pennsylvania
This was a proceeding, by quo warranto, in the name of The Commonwealth ex rel. John Tyler, Jr., against William F. Small. The suggestion filed set forth that, on the 5th day of June, 1854, an election was held in the Second Brigade of the First Divison Pennsylvania Volunteers, for brigadier-general of the brigade — that the return of the election stated that the majority of votes for brigadier-general .had been given to William F. Small, and who was returned as elected.
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This was a proceeding, by quo warranto, in the name of The Commonwealth ex rel. John Tyler, Jr., against William F. Small. The suggestion filed set forth that, on the 5th day of June, 1854, an election was held in the Second Brigade of the First Divison Pennsylvania Volunteers, for brigadier-general of the brigade — that the return of the election stated that the majority of votes for brigadier-general .had been given to William F. Small, and who was returned as elected. The election was contested, and a board of officers, called by Major-General Patterson, consisting of himself,…
1Opinion of the Court
The opinion-of the court was delivered by
Lowrie, J.
However much we may desire to get clear of any jurisdiction over questions of title to military offices, we cannot consider such a jurisdiction anomalous; for it is involved in the very nature of a state, that the government instituted by it must be supreme in relation to all the offices, authorities, and instrumentalities, by which it performs its functions: it must supervise them all, and their legitimacy depends upon its regular recognition of them. This is made emphatically the case, relative to all military offices and jurisdictions, by…
2Cited by9 opinions
- Knaus v. KnausSupreme Court of Pennsylvania · 1956
- Commonwealth ex rel. Lieberum v. LewisSupreme Court of Pennsylvania · 1916
- Dubón v. Casanova CintrónSupreme Court of Puerto Rico · 1946
- Cox v. CoxSupreme Court of Pennsylvania · 1958
- McKay-Smith v. PhiladelphiaSuperior Court of Pennsylvania · 1913
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