Updegraff v. Crans
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Lyeoming county. This was an appeal by Abraham Updegraff and others (claiming to have been elected officers of the borough of Williamsport by the town council thereof,) from the decree of the court below, awarding a writ of injunction restraining them from entering upon and discharging the duties of their respective offices.
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Appeal from the Common Pleas of Lyeoming county. This was an appeal by Abraham Updegraff and others (claiming to have been elected officers of the borough of Williamsport by the town council thereof,) from the decree of the court below, awarding a writ of injunction restraining them from entering upon and discharging the duties of their respective offices. The case was this: On the 6th of July 1863, Samuel M. Crans, burgess of the borough of Williamsport, filed his bill in the Common Pleas, wherein, after reciting the Acts of Assembly relative to the incorporation of Williamsport, he set…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
The complainant below mistook the remedy for testing the rights of the several persons claiming to be borough officers, under the appointment of the borough council, on the 15th of June last. Quo warranto is the specific statutory remedy for such a case. But it is alleged that the appointees had not entered upon, or exercised, or attempted to exercise, the duties of their offices when the bill was filed. If that be so, it only *106shows that the plaintiff moved too soon. He should have waited, and if they never entered or usurped the exercise…
2Cited by9 opinions
- Cella v. DavidsonSupreme Court of Pennsylvania · 1931
- Bedford Springs Co. v. McMeenSupreme Court of Pennsylvania · 1894
- Jenkins v. BaxterSupreme Court of Pennsylvania · 1894
- Williams's AppealSupreme Court of Pennsylvania · 1933
- Commonwealth v. ClarkSupreme Court of Pennsylvania · 1915
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