Commonwealth ex rel. v. Pedder
Supreme Court of Pennsylvania
Appeal, No. 5, Oct. T;, 1904, by defendant, from judgment of C. P. No. 2, Allegheny Co., July T,, 1903, No. 712, on ouster on quo warranto in case of Commonwealth ex rel. John C. Haymaker, District Attorney, v. Charles J. Pedder. Quo warranto to determine title to office of school director.
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Appeal, No. 5, Oct. T;, 1904, by defendant, from judgment of C. P. No. 2, Allegheny Co., July T,, 1903, No. 712, on ouster on quo warranto in case of Commonwealth ex rel. John C. Haymaker, District Attorney, v. Charles J. Pedder. Quo warranto to determine title to office of school director. Shaker, J., stated the facts to be as follows: The proceeding is a suggestion for a writ of quo warranto to try the right of the defendant to the office of school director of the Luckey subschool district of the city of Pittsburg, to which the defendant has demurred. It appears by the pleadings that…
1Opinion of the Court
Opinion by
Mr. Chief Justice Mitchell,
The school districts of the city-of Pittsburg are governed by the special Act of February 12, 1869, P. L. 150, and so much of the general school law of 1854 as is not inconsistent with the special act. By the act of 1869 the board with which we are concerned is to consist of six members, but at the time of the election of the appellant, one member had resigned so that the actual board consisted of five members, and the first question raised in the court below was whether the term “ majority ” which is to constitute a quorum, means more than half the number…
2Cited by2 opinions
- Miller v. CockinsSupreme Court of Pennsylvania · 1913
- Lawrence County v. Horner, Pennsylvania Court of Common Pleas, Lawrence County1923