Commonwealth v. Witman
Supreme Court of Pennsylvania
Appeal, No. 338, Jan. T., 1906, by defendant, from judgment of C. P. Berks Co., Oct. T., 1905, No. 40, on. verdict for plaintiff in clise of Commonwealth ex rel. Ira G-. Kutz, District Attorney, v. William Abbott Wit-man. Quo warranto for violating sec. 66 of tbe act of March 31, 1860. Before Endlich, J. Tbe facts are stated in tbe opinion of tbe Supreme Court. Tbe court gave binding instructions against the defendant.
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Appeal, No. 338, Jan. T., 1906, by defendant, from judgment of C. P. Berks Co., Oct. T., 1905, No. 40, on. verdict for plaintiff in clise of Commonwealth ex rel. Ira G-. Kutz, District Attorney, v. William Abbott Wit-man. Quo warranto for violating sec. 66 of tbe act of March 31, 1860. Before Endlich, J. Tbe facts are stated in tbe opinion of tbe Supreme Court. Tbe court gave binding instructions against the defendant. Yerdict for plaintiff upon which judgment of ouster was entered. Error assigned was tbe instruction of the court.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The portion of section 66, of the Act of March 31, 1860, P. L. 382, which is here directly involved, provides as follows: “ nor shall any member of any corporation or public institution, or any officer or agent thereof, be in anywise interested in any contract for the sale or furnishing of any supplies, or materials to be furnished to, or for the use of, any corporation, municipality, or public institution of which he shall be a member or officer, or for which he shall be an agent, nor directly *414nor indirectly interested therein, nor receive any reward or gratuity…
2Cases cited9 opinions
- Everhart v. SearleSupreme Court of Pennsylvania · 1872
- Borough of Milford v. Milford Water Co.Supreme Court of Pennsylvania · 1889
- Marshall v. Borough of Ellwood CitySupreme Court of Pennsylvania · 1899
- Commonwealth ex rel. Graham v. DeCampSupreme Court of Pennsylvania · 1896
- McElhinney v. City of SuperiorNebraska Supreme Court · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- O'KEEFE v. DunnNew Jersey Superior Court Appellate Division · 1965
- Commonwealth v. BennettSupreme Court of Pennsylvania · 1912
- State v. City of MarshfieldOregon Supreme Court · 1927
- In Re Appeal From the Report of Township AuditorsSuperior Court of Pennsylvania · 1928
- Commonwealth v. Ayers, Pennsylvania Court of Common Pleas, Northampton County1922
6 more not listed; retrieve them via the Exa API.