Legal Opinion

Commonwealth v. Burrell

Supreme Court of Pennsylvania

Decided September 15, 1847PublishedCited by 10 opinions

A quo warranto issued upon the suggestion of Edgar Cc^'wan, setting forth the appointment of Thomas White to the office of President Judge of the Tenth Judicial District, and that his term of office expired under the constitution on the 27th of February, 1847. That at that time the Senate was in session, and so remained until' the 16th March following. That during that period no lawful appointment was made to fill the same.

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A quo warranto issued upon the suggestion of Edgar Cc^'wan, setting forth the appointment of Thomas White to the office of President Judge of the Tenth Judicial District, and that his term of office expired under the constitution on the 27th of February, 1847. That at that time the Senate was in session, and so remained until' the 16th March following. That during that period no lawful appointment was made to fill the same. And although the Senate had refused its advice and consent to the appointment of Jeremiah M. Burrell, esquire, before the close of its session, nominated by the Governor…

1Opinion of the CourtGibson, C. J.

In Heydon’s case, 3 Rep. 7, the judges resolved that the true way to arrive at a sound construction of a doubtful statute, is to consider the old law, the mischief, the remedy, and the true reason of the remedy; and it was said in Stowell v. Zouch, Plowd. 864, 365, as well as in Miles v. Williams, 1 P. Wms. 252, that *35the safest way is to interpret statutes as near as may be to the common law, and by the course it observed in cases of its own, before the act. Such being a cardinal rule of construction, by which the sages of the law have ever been guided, it is proper to premise that as we…

2Cases cited3 opinions

  1. Respublica v. GriffithsSupreme Court of the United States · 1790
  2. Commonwealth v. Commissioners of PhiladelphiaSupreme Court of Pennsylvania · 1815
  3. Respublica v. PriorSupreme Court of Pennsylvania · 1793

3Cited by10 opinions

  1. Kates's EstateSupreme Court of Pennsylvania · 1925
  2. Commonwealth Ex Rel. Margiotti v. Union Traction Co.Supreme Court of Pennsylvania · 1937
  3. Henry v. StateMississippi Supreme Court · 1905
  4. Commonwealth Ex Rel. v. Lewis, Aud. Gen.Supreme Court of Pennsylvania · 1925
  5. Jessup & Moore Paper Co. v. Bryant Paper Co.Supreme Court of Pennsylvania · 1925

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