Commonwealth ex rel. Bionaz v. Burns

Griffith, P. J.,

This is an action of quo warranto brought in the name of the Commonwealth on the relation of the district attorney seeking to oust defendant from his office of county commissioner of Cambria County. After complaint, answer, new matter and reply to new matter, plaintiff moved for judgment on the pleadings in accordance with Pa. R.C.P. 1034.

There is no dispute but that the pleadings show: That defendant was elected to a four year term as county commissioner of Cambria County commencing on the first Monday of January, 1960 (Act of August 9,1955, P. L. 323, sec. 401,16 PS §401);…