Commonwealth ex rel. Butterfield v. McCarter
Supreme Court of Pennsylvania
October 19th 1881. Before Sharswood, C. J., Mebcur, Gordon, Paxson, Trunkey, Sterrett and Green, JJ. Error to the Court of Coima on Pleas of Erie county: Of October and November Term, 1881, No. 298. This was a petition by the Commonwealth of Pennsylvania ex relatione Francis Healey and Richard M. Butterfield, citizens of the city of Erie, for a writ of quo warranto directed to Joseph McCarter, requiring him to show by what authority lie holds and exercises the office of…
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October 19th 1881. Before Sharswood, C. J., Mebcur, Gordon, Paxson, Trunkey, Sterrett and Green, JJ. Error to the Court of Coima on Pleas of Erie county: Of October and November Term, 1881, No. 298. This was a petition by the Commonwealth of Pennsylvania ex relatione Francis Healey and Richard M. Butterfield, citizens of the city of Erie, for a writ of quo warranto directed to Joseph McCarter, requiring him to show by what authority lie holds and exercises the office of mayor of the city of Erie. The petitioner, Healey, afterwards, by leave of the court, withd rew from the proceeding, and…
1Opinion of the CourtJustice Green
Two persons, describing themselves as citizens of the city of Erie, in the county of Erie, in this state, presented their petition to the Court of Common Pleas of Erie county for ••a writ of quo warranto against the respondent as mayor of the city of Erie, to inquire by what authority he holds and exercises that office. Healey, one of the relators, subsequently presented a petition asking ieave to withdraw from the proceeding, and Butterfield, the remaining relator, filed an amended petition setting forth that he was a police officer of the city of Erie and Jhad been dismissed from his office…
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