Commonwealth v. Clark
Supreme Court of Pennsylvania
QUO WARRANTO, directed to James Clark, William B. Foster, Jun., and Jesse Miller, canal commissioners of Pennsylvania. Be it remembered that at a Supreme Court held at Harrisburg, in and for the Middle District of Pennsylvania, on the 21st day of May, in the year of our Lord 1844, comes Ovid F. Johnson, Attorney-General of the said Commonwealth, and on behalf of said Commonwealth gives the said court here to know and be informed that on the second Tuesday of January last…
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QUO WARRANTO, directed to James Clark, William B. Foster, Jun., and Jesse Miller, canal commissioners of Pennsylvania. Be it remembered that at a Supreme Court held at Harrisburg, in and for the Middle District of Pennsylvania, on the 21st day of May, in the year of our Lord 1844, comes Ovid F. Johnson, Attorney-General of the said Commonwealth, and on behalf of said Commonwealth gives the said court here to know and be informed that on the second Tuesday of January last past, to wit, on the 9th day of said month, at the borough of Harrisburg, the seat of government of the Commonwealth of…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
It is unnecessary to advert to the common-law definition of an office, or to the supposed distinction between offices in the appointment of the executive, and offices within the power of the Legislature by the original constitution. The question for decision turns on the peculiar provisions of the amended constitution, and it lies within almost the bounds of a nutshell. The eighth section of the sixth article declares that “All officers whose election or appointment is not provided for in this constitution, shall be elected or appointed as…
2Cases cited1 opinion
- Leib v. CommonwealthSupreme Court of Pennsylvania · 1840
3Cited by33 opinions
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- Page v. AllenSupreme Court of Pennsylvania · 1868
- Zemprelli v. ThornburghCommonwealth Court of Pennsylvania · 1979
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