Legal Opinion

Commonwealth ex rel. McCurdy v. Leech

Supreme Court of Pennsylvania

Decided February 26, 1863PublishedCited by 8 opinions

In the Supreme Court of Pennsylvania. This was an application for a quo warranto, based on the following petition:— “ John R. McCurdy, who sues in this behalf for the Commonwealth of Pennsylvania, this 20th day of February 1863, comes into court here, and for the said Commonwealth, gives the said court to understand and be informed that Isaac Leech, since the 5th day of January last, has exercised, and still does exercise the office, franchises, rights, and privileges of a.…

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In the Supreme Court of Pennsylvania. This was an application for a quo warranto, based on the following petition:— “ John R. McCurdy, who sues in this behalf for the Commonwealth of Pennsylvania, this 20th day of February 1863, comes into court here, and for the said Commonwealth, gives the said court to understand and be informed that Isaac Leech, since the 5th day of January last, has exercised, and still does exercise the office, franchises, rights, and privileges of a. member of the Common Council of the city of Philadelphia, for the Twenty-fourth Ward of said city, under the…

1Opinion of the Court

On hearing this case, the application was refused, for the reasons set forth in the following opinion of the court, which was delivered, by

Lowrie, C. J.

This is a writ for a quo warranto to try the title of the defendant to the office of common councilman of Philadelphia, which office the relator claims to belong to him.

The allegations are that the election returns show that the relator was elected, and that he duly received a certificate of his election from all the return judges; that by a fraudulent combination with some of the return judges, the defendant obtained from a majority of them a…

2Cited by8 opinions

  1. Sweeney v. TuckerSupreme Court of Pennsylvania · 1977
  2. State Ex Rel. Shriver v. HayesOhio Supreme Court · 1947
  3. Wilson v. BlaineSupreme Court of Pennsylvania · 1918
  4. Herminie Election District Returns of Sewickley TownshipSupreme Court of Pennsylvania · 1937
  5. Commonwealth v. Owen, Pennsylvania Court of Common Pleas, York County1940

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