Lehman v. Tucker

OPINION OF THE COURT

O’BRIEN, Justice.

On November 4, 1975, appellee, Harry E. Tucker, defeated appellant, Lee A. Lehman, the incumbent, for the office of Sheriff of Forest County. On January 16, 1976, appellant Lehman filed an action in quo warranto, challenging the right of appellee Tucker to hold the office of sheriff.

The gravamen of appellant’s complaint was that appellee did not meet the residency requirements for county officers as set forth in the County Code, 1 and, therefore, appellant, as the incumbent, pursuant to Article 9, § 4, of the Pennsylvania Constitution, would remain in…