Legal Opinion

Lane v. Commonwealth ex rel. Attorney General

Supreme Court of Pennsylvania

Decided May 23, 1883No. 411PublishedCited by 16 opinions

Error to the Court of Common Pleas No. 3, of Philadelphia county: Of January Term 1883, No. 411. Quo warranto, by the Commonwealth of Pennsylvania, at the relation of Lewis C. Cassidy, Esquire, Attorney-General, directed to David H. Lane, requiring him to show by what authority ho exercised the office of recorder of Philadelphia.

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Error to the Court of Common Pleas No. 3, of Philadelphia county: Of January Term 1883, No. 411. Quo warranto, by the Commonwealth of Pennsylvania, at the relation of Lewis C. Cassidy, Esquire, Attorney-General, directed to David H. Lane, requiring him to show by what authority ho exercised the office of recorder of Philadelphia. The information set forth that by the Act of April 18th 1878, entitled “ An act to define the term of office and enlarge the duties of recorders of cities of the first-class,” it is provided that recorders of cities of the first-class shall be appointed by the…

1Opinion of the Court

Chief Justice Mekcuií

delivered the opinion of the court,

Article IV., section 2 of the constitution of this Commonwealth declares “ the supreme executive power shall be vested in the governor.” Section 8 declares he shall nominate, “ and by and with the advice and' consent of two thirds of all the members of the sénate appoint,” certain officers therein named, “ and such *485other officers of the Commonwealth as he is or may he authorized by the constitution, or by law to appoint.”

Article VI., section 4, inter alia, provides, “that appointed officers other than judges of the courts of record, and…

2Cases cited1 opinion

  1. Marbury v. MadisonSupreme Court of the United States · 1803

3Cited by16 opinions

  1. Commonwealth Ex Rel. Attorney General v. BennSupreme Court of Pennsylvania · 1925
  2. Commonwealth v. BlackSupreme Court of Pennsylvania · 1902
  3. Commonwealth ex rel. Lafean v. SnyderSupreme Court of Pennsylvania · 1918
  4. Naef v. AllentownSupreme Court of Pennsylvania · 1967
  5. State Ex Rel. Ulrick v. SanchezNew Mexico Supreme Court · 1926

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