Commonwealth ex rel. Jackson v. Smith
Supreme Court of Pennsylvania
Certificate from the Court at Nisi Prius. This was a proceeding founded on petition of Isaac Jackson, Benjamin Harris, Jesse Glasgow, William Winters, and William De Cordover, setting forth that they were duly elected managers of The Olive Cemetery Company, on the first Monday of April 1857; that Stephen Smith, E. J. Peer, James Lecount, Daniel George, and Charles Simpson, under a pretended election, had usurped the office, and praying that due process of law be awarded…
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Certificate from the Court at Nisi Prius. This was a proceeding founded on petition of Isaac Jackson, Benjamin Harris, Jesse Glasgow, William Winters, and William De Cordover, setting forth that they were duly elected managers of The Olive Cemetery Company, on the first Monday of April 1857; that Stephen Smith, E. J. Peer, James Lecount, Daniel George, and Charles Simpson, under a pretended election, had usurped the office, and praying that due process of law be awarded against the defendants in this behalf to make them answer to the Commonwealth, and show by what authority they claim to…
1Opinion of the Court
The opinion of the court was delivered,
by
Woodward, J.
Two sets of managers for “The Olive Cemetery Company” were elected on the first Monday of September 1857 — the day fixed in the charter for annual elections. On the 21st of that month this quo warranto was sued out by Isaac Jackson, and the others of his set, as relators, against Stephen Smith, and the others of his set, who were in possession of the books and properties of the company. The defendants were the acting board of the previous years — had appointed the election of 1857, and wore duly elected at the time and place appointed. The…
2Cited by6 opinions
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- Moon v. Moon Motor Car Co.Court of Chancery of Delaware · 1930
- Citrus Growers' Development Ass'n v. Salt River Valley Water Users' Ass'nArizona Supreme Court · 1928
- Commonwealth v. Ayers, Pennsylvania Court of Common Pleas, Northampton County1922
- Commonwealth v. Haney, Pennsylvania Court of Common Pleas, Philadelphia County1941
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