Legal Opinion

Gilroy v. Commonwealth ex rel. District Attorney

Supreme Court of Pennsylvania

Decided February 28, 1884PublishedCited by 16 opinions

Error to the Court of Common Pleas of Lackawanna county: Of January Term, 1884, No. 274. Quo warranto, by the Commonwealth of Pennsylvania, ex rel. E. W. Simrell, district attorney of Lackawanna county, against Richard Gilroy, John Morrow, John Corcoran, John Carden, Patrick Loftus and Michael Coyne, to try the right of the said defendants to exercise the office of school directors in the borough of Archibald, Lackawanna county.

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Error to the Court of Common Pleas of Lackawanna county: Of January Term, 1884, No. 274. Quo warranto, by the Commonwealth of Pennsylvania, ex rel. E. W. Simrell, district attorney of Lackawanna county, against Richard Gilroy, John Morrow, John Corcoran, John Carden, Patrick Loftus and Michael Coyne, to try the right of the said defendants to exercise the office of school directors in the borough of Archibald, Lackawanna county. The defendants moved to quash the writ of quo warranto, (1) because it was granted on the information of the district attorney; (2) because it was ordered to issue…

1Opinion of the CourtJustice Gordon

The proceeding in this case has its foundation in a writ of quo warranto, issued, at the instance of the district attorney to try by what right Richard Gilroy, John Morrow, John Corcoran, John Garden, Patrick Loftus and Michael Coyne, exercise the office of school directors in the borough of Archibald. ' We think the. facts of this case were properly disposed of in the eourt below. It was certainly a mistake for the citizens of this district, in February 1881, to elect a full board of directors. The learned judge, who directed the trial of this case in the court below, properly instructed the…

2Cited by16 opinions

  1. Commonwealth Ex Rel. Margiotti v. Union Traction Co.Supreme Court of Pennsylvania · 1937
  2. State ex rel. Fullerton v. Des Moines City RailwaySupreme Court of Iowa · 1906
  3. Commonwealth Ex Rel. Davis v. BlumeSupreme Court of Pennsylvania · 1932
  4. Commonwealth v. JamesSupreme Court of Pennsylvania · 1906
  5. Commonwealth, ex rel. Gast v. PfrommSupreme Court of Pennsylvania · 1917

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