Commonwealth ex. rel. King v. King
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of McKean county: Of May Term 1877, No. 38. Quo warranto ex relatione Thomas King against Chester S. King, to show by what warrant the latter exercised the office of sheriif of McKean county. On the 14th day of October 1875, M. N. Powell, sheriff of Mc-Kean county, died. It was the last year of his term.
Read the full summary
Error to the Court of Common Pleas of McKean county: Of May Term 1877, No. 38. Quo warranto ex relatione Thomas King against Chester S. King, to show by what warrant the latter exercised the office of sheriif of McKean county. On the 14th day of October 1875, M. N. Powell, sheriff of Mc-Kean county, died. It was the last year of his term. On the 25th day of October 1875, Thomas King, the relator, was appointed to fill the vacancy, and commissioned by the governor until the end of the next session of the legislature of the Commonwealth, the state department writing him that upon his…
1Opinion of the CourtChief Justice Agnew
delivered the opinion of the court, October 1st 1877.^
The opinion of the learned judge of the Common Pleas contains a very full and satisfactory discussion of the question in this case. The true inquiry is whether under the constitution and laws of the state the governor, in filling a vacancy caused by death, can commission a sheriff for a term to last beyond the expiration of the term of the deceased officer. The argument of the relator fails to distinguish between the major power of the people to elect sheriffs, by way of regular succession, for fixed terms; and the minor power of the…
2Cited by11 opinions
- O'Neill v. WhiteSupreme Court of Pennsylvania · 1941
- State v. HighfieldSupreme Court of Delaware · 1930
- Rogers v. TUCKERSupreme Court of Pennsylvania · 1971
- Commonwealth Ex Rel. Baldrige v. GlassSupreme Court of Pennsylvania · 1929
- Appointment to County Offices, Pennsylvania Department of Justice1956
6 more not listed; retrieve them via the Exa API.