Commonwealth ex rel. Specter v. Martin

Dissenting Opinion by

Me. Chief Justice Bell:

Quo warranto is the proper remedy in this case and Specter’s opponent has a standing to bring such a suit, even if the Attorney General of Pennsylvania or any other appropriate Public authority will not. In Mayer v. Hemphill, 411 Pa. 1, 190 A. 2d 444, the Court said (page 6) : “The general rule is well settled that quo warranto is the sole and exclusive remedy to try title or right to office, whether the right which is challenged is that of a de jure or a de facto officer. It is likewise part of the general rule that quo warranto can be brought only…