Legal Opinion

Street v. Commonwealth

Supreme Court of Pennsylvania

Decided December 15, 1843PublishedCited by 20 opinions

ERROR to the Common Pleas,of Philadelphia county. Commonwealth ex relatione Henry Shuster against Emanuel Street. This was a quo warranto issued on the suggestion of Shuster that he was elected assessor of the Fourth Ward, Spring Garden, against Street, tó show by what authority the latter exercised that office.

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ERROR to the Common Pleas,of Philadelphia county. Commonwealth ex relatione Henry Shuster against Emanuel Street. This was a quo warranto issued on the suggestion of Shuster that he was elected assessor of the Fourth Ward, Spring Garden, against Street, tó show by what authority the latter exercised that office. The defendant in his answer claimed the office on the ground that a vacancy existed on the 1st May 1843, upon which the county commissioners appointed him, and he was duly qualified. The Commonwealth demurred specially to that part of the answer alleging vacancy, because it did not…

1Opinion of the Court

The opinion of the Court was delivered by

Huston, J.

This case is brought to this court to decide whether, in case of an omission to elect an assessor, or in case of a contested election which shall be declared void, the commissioners shall appoint an assessor, or there shall be another election for an assessor. On the 15th April 1834 a law was passed, intended to be a complete system as to assessment of county and township taxes, and as to the election or appointment of county and township officers. I shall consider how this matter would have stood under that law, and then what alterations, if…

2Cited by20 opinions

  1. Cain v. StateTexas Supreme Court · 1857
  2. Western Saving Fund Society v. City of PhiladelphiaSupreme Court of Pennsylvania · 1858
  3. Election CasesSupreme Court of Pennsylvania · 1870
  4. Brown v. County CommissionersSupreme Court of Pennsylvania · 1853
  5. Provident Life & Trust Co. v. KlemmerSupreme Court of Pennsylvania · 1917

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