Cleaver v. Commonwealth ex rel. Porter
Supreme Court of Pennsylvania
Error to the Common Pleas of Washington county. This was a quo warranto at the relation of Thomas Porter and others against Nathan Cleaver, Joseph Vankirk, and O. P. Cook, Commissioners of Washington county.
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Error to the Common Pleas of Washington county. This was a quo warranto at the relation of Thomas Porter and others against Nathan Cleaver, Joseph Vankirk, and O. P. Cook, Commissioners of Washington county. The petition alleged that the defendants had, without lawful authority, assessed a tax of forty cents on each $100 of valuation, on the property of the citizens and inhabitants of the said county, to meet the interest due and to become due, in the year 1859, on the bonds issued by the said county to the Hempfield Railroad Company. The respondents, by their answer, admitted that they had…
1Opinion of the Court
The opinion of the court was delivered by
Read, J.
Writs of quo warranto may be issued by the Courts of Common Pleas in certain specified cases. Two of these cases are: “ 1st. In case any person shall usurp, intrude into, or unlawfully hold or exercise any county or township oflBce, within the respective county.” “2d. In case any person, duly elected or appointed to any such office, shall have done, suffered, or omitted to do any act, matter, or thing, whereby a forfeiture of his office shall by law be created.”
The first clause provides for the case of a person, not de jure an officer, usurping…
2Cited by3 opinions
- State Ex Inf. McKittrick v. MurphySupreme Court of Missouri · 1941
- State Ex Rel. White v. ClevengerNew Mexico Supreme Court · 1961
- Commonwealth v. Peoples, Pennsylvania Court of Common Pleas, Delaware County1941