Commonwealth v. Gilligan
Supreme Court of Pennsylvania
Appeal, No. 240, Jan. T., 1897, by defendants, from judgment of C. P. Luzerne Co., ITeb. T., 1897, No. 101, on quo warranto, in case of I). A. Fell, Jr., District Attorney, v. Thomas J. Gilligan et al., School Controllers of the Pitts-ton City School District. Quo warranto to determine the title to office of school controllers of the city of Pittston.
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Appeal, No. 240, Jan. T., 1897, by defendants, from judgment of C. P. Luzerne Co., ITeb. T., 1897, No. 101, on quo warranto, in case of I). A. Fell, Jr., District Attorney, v. Thomas J. Gilligan et al., School Controllers of the Pitts-ton City School District. Quo warranto to determine the title to office of school controllers of the city of Pittston. From the record it appeared that the board of school controllers of the city of Pittston, consisted of two members from each of the eleven wards of the city, and was elected under section 41 of the Act of May 23, 1874, and the supplemental act…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
It is conceded that the respondents were duly elected school controllers in accordance with the Act of May 23, 1874, P. L. 254, sec. 41, and that they are properly qualified and entitled to hold the office, if the act is valid. But it is said that the act being one for the classification and regulation of cities of the third class, section 41 and those parts of the act which relate to school districts are void as local or special legislation on a subject prohibited by section 7 of article 3 of the constitution. The learned court below so held.
Section 41 which is…
2Cases cited13 opinions
- Wheeler v. PhiladelphiaSupreme Court of Pennsylvania · 1875
- Sugar Notch BoroughSupreme Court of Pennsylvania · 1899
- Ayars v. WestfieldSupreme Court of Pennsylvania · 1889
- Seabolt v. Commissioners of Northumberland CountySupreme Court of Pennsylvania · 1898
- Lloyd v. SmithSupreme Court of Pennsylvania · 1896
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3Cited by65 opinions
- Wilson v. Philadelphia School DistrictSupreme Court of Pennsylvania · 1937
- Sprague v. CaseySupreme Court of Pennsylvania · 1988
- Commonwealth v. MoirSupreme Court of Pennsylvania · 1901
- Danson v. CaseySupreme Court of Pennsylvania · 1979
- Minsinger v. RauSupreme Court of Pennsylvania · 1912
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