Commonwealth v. Jones
Supreme Court of Pennsylvania
Dec. 12. Jan. 8. 8. A notice having been given to counsel of the intention to move for a writ of quo ivarranto, on the appointed day the suggestion, verified by the oath of one of the relators, was read, and the writ granted without argument or opposition. The defendant then moved to quash the writ, because, 1. It was issued ex parte, without a rule to show cause or a hearing. 2..
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Dec. 12. Jan. 8. 8. A notice having been given to counsel of the intention to move for a writ of quo ivarranto, on the appointed day the suggestion, verified by the oath of one of the relators, was read, and the writ granted without argument or opposition. The defendant then moved to quash the writ, because, 1. It was issued ex parte, without a rule to show cause or a hearing. 2.. Because improper parties are seeking to use the process of the Court. 3. Because they have mistaken the remedy. The suggestion was filed at the instance of Buchanan and Durnell, alleging that they were residents of…
1Opinion of the Court
¿Tan. 28.
Gibson, C. J.
The writ of quo warranto under the Act of 1836, is not more a matter of right than is the quo warranto information under the statute of Anne. The legislature has spoken guardedly on the subject. “ Writs of quo warranto mat be issued by the Supreme Court,” and “writs of quo warranto mat be issued by the Common Pleas,” is language so circumspect as to convince us that the intention was to give the same control over the writ which the Court had exercised over the information. The object was to combine in it all that was valuable in the ancient writ, with all that was…
2Cited by10 opinions
- Commonwealth Ex Rel. Margiotti v. Union Traction Co.Supreme Court of Pennsylvania · 1937
- Commonwealth, ex rel. Gast v. PfrommSupreme Court of Pennsylvania · 1917
- Barrett v. ParksSupreme Court of Missouri · 1944
- Black v. CummingsSupreme Court of Rhode Island · 1939
- Commonwealth Ex Rel. Margiotti v. Union Traction Co.Supreme Court of Pennsylvania · 1937
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