Commonwealth v. Morieka

Patterson, J.,

— This matter is before the court in banc on a demurrer by respondent to petitioner’s suggestion for a writ of quo warranto. In giving it consideration we must take the material averments of the suggestion as facts.

It thus appears that in November 1937 a certain August Barus was elected a member of council of the Borough of Heidelberg, Allegheny County, Pa.; that he duly qualified and attended meetings from January 1938 to December 1939. Since that time he has attended no meetings. In June 1939, the borough council at a regular meeting declared the office of Barus as councilman…