Collins v. Gessler

Opinion by

Mr. Justice Roberts,

This action in quo warranto was filed by plaintiff, Arthur W. Collins, on December 18, 1972, invoking the original jurisdiction of the Commonwealth Court. In his complaint plaintiff averred that he was the lawfully appointed Justice of the Peace for Magisterial District 32-1-10 in Delaware County. He further averred that neither the Court of Common Pleas of Delaware County nor the Supreme Court of Pennsylvania had the power to “appoint” defendant, Joseph Y. Gessler, as District Justice of the Peace for Magisterial District 32-1-10, and that defendant was serving…