Legal Opinion

Commonwealth ex rel. Clements v. Arrison

Supreme Court of Pennsylvania

Decided January 8, 1827PublishedCited by 3 opinions

information in nature of a quo warranto. A rule was granted by the court, in this case, against Matthew Arrison and others, the defendants, to show cause why an information in nature of a quo warranto, should not be filed against them for exercising the office of “ Trustees of the Ninth Presbyterian Church in PhiladelphiaThe defendants now objected, in the first instance, that the office they exercised was not the subject of an information of this description; and the point…

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information in nature of a quo warranto. A rule was granted by the court, in this case, against Matthew Arrison and others, the defendants, to show cause why an information in nature of a quo warranto, should not be filed against them for exercising the office of “ Trustees of the Ninth Presbyterian Church in PhiladelphiaThe defendants now objected, in the first instance, that the office they exercised was not the subject of an information of this description; and the point was argued by

1Opinion of the Court

The opinion of the court was delivered by

Tilghman, C. J.

A rule was laid on the defendants, to show cause why an information in nature of a writ of quo warranto should not be filed against .them, for exercising the office of “ Trustees of the Ninth Presbyterian Church in Philadelphia.”

Before entering into the merits of the ease, the counsel for the defendants made a preliminary point, viz. that the office exercised by the defendants was a mere private matter, in which the public had no concern, and therefore not the subject of an information. This point was fully and well argued, and the court…

2Cases cited4 opinions

  1. Calder v. BullSupreme Court of the United States · 1798
  2. Commonwealth ex rel. O'Hara v. SmithSupreme Court of Pennsylvania · 1811
  3. Commonwealth v. CainSupreme Court of Pennsylvania · 1820
  4. Commonwealth v. MurraySupreme Court of Pennsylvania · 1824

3Cited by3 opinions

  1. Commonwealth v. M'CloskeySupreme Court of Pennsylvania · 1830
  2. People ex rel. M'Kinch v. Directors of Bristol & Rensselaerville Turnpike RoadNew York Supreme Court · 1840
  3. Smith v. PoorSupreme Judicial Court of Maine · 1885

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