Commonwealth ex rel. v. Taylor
Supreme Court of Pennsylvania
Appeal, No. 68, Jan. T., 1894, by defendants, H. A. Taylor et al., from decree of C. P. Clearfield Co., May T., 1892, No. 179, entering judgment of ouster ou quo warranto, at the relation of W.- J. Smathers et al. Quo warranto.
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Appeal, No. 68, Jan. T., 1894, by defendants, H. A. Taylor et al., from decree of C. P. Clearfield Co., May T., 1892, No. 179, entering judgment of ouster ou quo warranto, at the relation of W.- J. Smathers et al. Quo warranto. Before Krebs, P. J. • From the record it appeared that, on March 7, 1892, W. J. Smathers with some fifty other citizens, presented a petition alleging that defendants were acting as school directors of Du Bois borough; that the board consisted of nine members instead of six; that they were elected by a ward vote instead of a concurrent vote of all the wards, as…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
We would be compelled to reverse this judgment for irregularity. It has nothing to stand on. The record shows a petition for quo warranto, and judgment of ouster, without any intervening answer, plea, demurrer or proceedings of any kind. No doubt this was an oversight resulting from the fact that the three proceedings, by contested election, by quo warranto, and by bill for injunction, all having the same object, ran along concurrently and were treated practically as one, but the error is one that leaves a patent defect of jurisdiction on the face of the record,…
2Cases cited2 opinions
- Philadelphia v. Ridge Ave. Ry. Co., Pennsylvania Court of Common Pleas, Philadelphia County1891
- Borough of Millvale v. Evergreen Railway Co.Supreme Court of Pennsylvania · 1890
3Cited by19 opinions
- Commonwealth v. Provident Trust Co.Supreme Court of Pennsylvania · 1926
- Commonwealth v. BienkowskiSuperior Court of Pennsylvania · 1939
- Loushay AppealSupreme Court of Pennsylvania · 1952
- Merritt v. WhitlockSupreme Court of Pennsylvania · 1901
- United States Steel Co. v. Allegheny CountySupreme Court of Pennsylvania · 1952
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