Commonwealth v. Krapf
Supreme Court of Pennsylvania
Appeal, No. 327, Jan. T., 1914, by plaintiff, from judgment of C. P. Schuylkill Co., March T., 1914, No. 186, of ouster in quo warranto proceedings, in case of Commonwealth of Pennsylvania, ex reí, C. A. "Whitehouse, District Attorney of Schuylkill County, v. Henry Krapf. Suggestion for quo warranto to oust the defendant from the office of borough councilman. • Demurrer to answer to suggestion. Before Koch, J. The opinion of the Supreme Court states the facts.
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Appeal, No. 327, Jan. T., 1914, by plaintiff, from judgment of C. P. Schuylkill Co., March T., 1914, No. 186, of ouster in quo warranto proceedings, in case of Commonwealth of Pennsylvania, ex reí, C. A. "Whitehouse, District Attorney of Schuylkill County, v. Henry Krapf. Suggestion for quo warranto to oust the defendant from the office of borough councilman. • Demurrer to answer to suggestion. Before Koch, J. The opinion of the Supreme Court states the facts. The court overruled the demurrer. Plaintiff appealed. Error assigned was in overruling the demurrer.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is a suggestion filed in the court below for a writ of quo warranto to determine the right of the defendant to the office of councilman in the Borough of Ashland. An. answer was filed to which the plaintiff demurred. The court overruled the demurrer and the plaintiff has appealed.
The facts are not in dispute. Ashland is a duly incorporated borough, and is divided into five wards in each of which three members of the town council are elected. T., W. Raudenbush, a councilman for the fourth ward, *83attended the meeting of the council held on January 5, 1914,…
2Cases cited4 opinions
- Edwards v. United StatesSupreme Court of the United States · 1881
- Malloy v. Commonwealth ex rel. ReinhardSupreme Court of Pennsylvania · 1887
- Steel v. CommonwealthSupreme Court of Pennsylvania · 1852
- In re Clarion Borough to contest election of BlackSupreme Court of Pennsylvania · 1899
3Cited by10 opinions
- Commonwealth v. RaudenbushSupreme Court of Pennsylvania · 1915
- Bowen v. Mount Joy TownshipCommonwealth Court of Pennsylvania · 1994
- Kuberski v. HaussermannSupreme Court of New Jersey · 1934
- Commonwealth, Ex Rel. Park v. KaisermanSupreme Court of Pennsylvania · 1938
- Board T. Salt Lick grd.C. School Dist. v. KerchevalCourt of Appeals of Kentucky (pre-1976) · 1931
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