Commonwealth v. Moir
Supreme Court of Pennsylvania
Appeal, No. 124, Jan. T., 1901, by plaintiffs, from judgment of C. P. Lackawanna Co., March T., 1901, No. 710, for respondent on quo warranto, in case of Commonwealth ex rel. John P. Elkin, Attorney General, v. James Moir, Recorder of the city of Scranton. Quo warranto to determine the right of respondent to the office of recorder of the city of Scranton. Before Arch-bald, P. J. The respondent filed an answer, and the commonwealth demurred to it.
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Appeal, No. 124, Jan. T., 1901, by plaintiffs, from judgment of C. P. Lackawanna Co., March T., 1901, No. 710, for respondent on quo warranto, in case of Commonwealth ex rel. John P. Elkin, Attorney General, v. James Moir, Recorder of the city of Scranton. Quo warranto to determine the right of respondent to the office of recorder of the city of Scranton. Before Arch-bald, P. J. The respondent filed an answer, and the commonwealth demurred to it. The court entered judgment on the demurrer in favor of the respondent. Error assigned was in entering judgment for respondent.
1Opinion of the Court
Opinion by
Me. Justice Mitchell,
Municipal corporations are agents of the state, invested with certain subordinate governmental functions for reasons of convenience and public policy. They are created, governed, and the extent of their powers determined by the legislature, and subject to change, repeal, or total abolition at its will. They have no vested rights in their offices, their charters, their corporate powers, or even their corporate existence. This is the universal rule of constitutional law, and in no state has it been more clearly expressed and more uniformly applied than in…
2Cases cited24 opinions
- Sharpless v. Mayor of PhiladelphiaSupreme Court of Pennsylvania · 1853
- Wheeler v. PhiladelphiaSupreme Court of Pennsylvania · 1875
- Philadelphia v. FoxSupreme Court of Pennsylvania · 1870
- Commonwealth v. GilliganSupreme Court of Pennsylvania · 1900
- Moers v. City of ReadingSupreme Court of Pennsylvania · 1853
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3Cited by165 opinions
- Young v. Com. Bd. of Probation and ParoleSupreme Court of Pennsylvania · 1979
- Commonwealth v. SutleySupreme Court of Pennsylvania · 1977
- Shirk v. Lancaster CitySupreme Court of Pennsylvania · 1933
- Busser v. SnyderSupreme Court of Pennsylvania · 1924
- Commonwealth v. Great American Indemnity Co.Supreme Court of Pennsylvania · 1933
160 more not listed; retrieve them via the Exa API.