Commonwealth v. Murphy
Supreme Court of Pennsylvania
Appeal, No. 127, Jan. T. 1912, by defendant, from judgment of C. P. Fayette Co., March T., 1912, No. 69, for relator on demurrer to answer in case of Commonwealth ex rel. David Cole v. N. E. Murphy. Demurrer to answer to petition for quo warranto.
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Appeal, No. 127, Jan. T. 1912, by defendant, from judgment of C. P. Fayette Co., March T., 1912, No. 69, for relator on demurrer to answer in case of Commonwealth ex rel. David Cole v. N. E. Murphy. Demurrer to answer to petition for quo warranto. Before Van Swearingen, J. The petition for the writ set forth that the relator was elected road supervisor of North Union township at the election held on the third Tuesday of February, 1910; that a certificate of election was given to him, and that he subscribed to the oath of office and continued to discharge the duties of the office until the…
1Opinion of the Court
Opinion by
Me. Justice Moschziskee,
The learned court below correctly stated the question for decision to be, “Whether or not the term of office of the relator expired in 1911, leaving a vacancy to be filled at the November election of that year?” The relator was chosen a township supervisor at the February election, 1910. There was a vacancy in the office to be filled by election at that time and the ballot specified the term to be one year. But the court below decided that the constitutional amendments of 1909 and the schedule thereto, which were then in force and effect, had expressly fixed…
2Cases cited1 opinion
- Etter v. McAfeeSupreme Court of Pennsylvania · 1910
3Cited by1 opinion
- Commonwealth v. KreppsSupreme Court of Pennsylvania · 1913