Legal Opinion

Commonwealth, ex rel. Gast v. Pfromm

Supreme Court of Pennsylvania

Decided January 8, 1917No. Appeal, No. 124PublishedCited by 15 opinions

Appeal, No. 124, Oct. T., 1916, by respondent, from judgment of C. P. Allegheny Co.,'April T., 1916, No. 163, in case of Commonwealth of Pennsylvania ex rel. William Gast v. Edward Pfromm. Quo warranto to determine the title of Councilmen in the Borough of McKees Rocks. ■ The opinion of the Supreme Court states the facts of the case. The court entered judgment of ouster against both respondents. Respondents appealed.

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Appeal, No. 124, Oct. T., 1916, by respondent, from judgment of C. P. Allegheny Co.,'April T., 1916, No. 163, in case of Commonwealth of Pennsylvania ex rel. William Gast v. Edward Pfromm. Quo warranto to determine the title of Councilmen in the Borough of McKees Rocks. ■ The opinion of the Supreme Court states the facts of the case. The court entered judgment of ouster against both respondents. Respondents appealed. Errors assigned were (1) the judgment of the court, (2) the form of the special verdict, (3) the refusal of the court to enter judgment non obstahte veredicto and (4) the refusal…

1Opinion of the Court

Opinion by

Mr. Justice Mosohzisker,

This is an appeal by Edward Pfromm, who complains of the same judgment reviewed by us in an opinion filed simultaneously herewith on the complaint of Harry B. *487Kelly; but different questions are here raised from those determined in the other appeal.

In November, 1915, Mr. Gast, the relator, was duly elected by the people of McKees Rocks to an unexpired term of a former member of its council; the place thus filled was the same vacancy to which Mr. Kelly, the original respondent, was subsequently elected by the council itself, purporting to act under and by…

2Cases cited7 opinions

  1. Commonwealth ex rel. Butterfield v. McCarterSupreme Court of Pennsylvania · 1881
  2. Standard Sewing Machine Co. v. Royal InsuranceSupreme Court of Pennsylvania · 1902
  3. Gilroy v. Commonwealth ex rel. District AttorneySupreme Court of Pennsylvania · 1884
  4. Commonwealth ex rel. Morris v. StevensSupreme Court of Pennsylvania · 1895
  5. Commonwealth v. JonesSupreme Court of Pennsylvania · 1849

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3Cited by15 opinions

  1. Commonwealth Ex Rel. Schermer v. FranekSupreme Court of Pennsylvania · 1933
  2. Mayer v. HemphillSupreme Court of Pennsylvania · 1963
  3. Commonwealth Ex Rel. Davis v. BlumeSupreme Court of Pennsylvania · 1932
  4. Dorris v. Lloyd (No. 2)Supreme Court of Pennsylvania · 1953
  5. Sherman v. Yiddisher Kultur FarbandSupreme Court of Pennsylvania · 1953

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