Legal Opinion

Leib v. Commonwealth

Supreme Court of Pennsylvania

Decided May 15, 1840PublishedCited by 19 opinions

ERROR to the common pleas of Schuylkill county. The Commonwealth of Pennsylvania ex relatione Ovid F. Johnson, Attorney-General, against Samuel D. Leib. The proceeding in the common pleas was a quo warranto issued upon the suggestion of the attorney-general, to show by what warrant the defendant claimed to exercise the office of associate judge of the court of common pleas of Schuylkill county. Suggestion.

Read the full summary

ERROR to the common pleas of Schuylkill county. The Commonwealth of Pennsylvania ex relatione Ovid F. Johnson, Attorney-General, against Samuel D. Leib. The proceeding in the common pleas was a quo warranto issued upon the suggestion of the attorney-general, to show by what warrant the defendant claimed to exercise the office of associate judge of the court of common pleas of Schuylkill county. Suggestion. “ Be it remembered that at a court of common pleas, held the thirty-first day of March in the year of our Lord one thousand eight hundred and forty, in and for said county, comes Ovid F.…

1Opinion of the Court

*218The opinion of the court was delivered by

Sergeant, J.

This case comes before us by writ of error from the court of common pleas of the county of Schuylkill, and three errors have been assigned in this court in the proceedings and judgment below.

The first error assigned is, that the court below erred in deciding that the court of common pleas had jurisdiction of this case, and in overruling the plea to the jurisdiction.

The act of 14th of June 1836, after giving to the supreme court, in the first section, authority to issue writs of quo warranto in all cases in which the power had been before…

2Cases cited1 opinion

  1. Commonwealth v. CollinsSupreme Court of Pennsylvania · 1839

3Cited by19 opinions

  1. Commonwealth ex rel. Hepburn v. MannSupreme Court of Pennsylvania · 1843
  2. Page v. AllenSupreme Court of Pennsylvania · 1868
  3. Commonwealth v. ClarkSupreme Court of Pennsylvania · 1844
  4. Park v. CandlerSupreme Court of Georgia · 1902
  5. Fisher v. FisherSuperior Court of Pennsylvania · 1920

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API