Commonwealth v. Heller
Supreme Court of Pennsylvania
Appeal, No. 7, May T., 1906, by defendant, from judgment of C. P. Dauphin Co., Commonwealth Docket, 1904, No. 373, for defendants in quo warranto in suit of Commonwealth ex rel. Hampton L. Carson, Attorney General, v. Frederic P. Heller et al., Board of Water Commissioners of the City of Reading. Quo warranto to determine title to office. The opinion of the Supreme Court states the case. Error assigned was in entering judgment in favor of the defendants.
1Opinion of the Court
Opinion by
Mr. Chief Justice Mitchell,
It will conduce to the readier understanding of this case to state just how it comes before the court and the questions it raises.
The defendants are the water commissioners of the city of Reading, elected and holding office under a local Act of March 21, 1865, P. L. 455, a supplement to the city charter of April 26, 1864, P. L. 583. Their title to office is challenged by quo warranto at the relation of the attorney general.
In 1874 the city of Reading by ordinance duly accepted the Act of May 23, 1874, P. L. 230, and became a city of the third class. It is…
2Cases cited4 opinions
- Commonwealth v. BrownSupreme Court of Pennsylvania · 1904
- Evans v. PhillipiSupreme Court of Pennsylvania · 1887
- City of Reading v. SavageSupreme Court of Pennsylvania · 1889
- Commonwealth v. MiddletonSupreme Court of Pennsylvania · 1905
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- Thiel v. PhiladelphiaSupreme Court of Pennsylvania · 1914
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