Commonwealth v. Likeley
Supreme Court of Pennsylvania
Appeal, No. 251, Jan. T., 1920, by defendant, from judgment of C. P. Lackawanna Co., March T., 1920, No. 193, on demurrer to suggestion for writ of mandamus in case of Com. ex rel. Frank P. Benjamin, District Attorney, v. Horace G. Likeley. Before Demurrer to suggestion for writ of mandamus. Before Maxey, J. The facts are stated in the opinion of the Supreme Court. The court entered judgment of ouster against the respondent', who appealed.
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Appeal, No. 251, Jan. T., 1920, by defendant, from judgment of C. P. Lackawanna Co., March T., 1920, No. 193, on demurrer to suggestion for writ of mandamus in case of Com. ex rel. Frank P. Benjamin, District Attorney, v. Horace G. Likeley. Before Demurrer to suggestion for writ of mandamus. Before Maxey, J. The facts are stated in the opinion of the Supreme Court. The court entered judgment of ouster against the respondent', who appealed. Error assigned was the judgment of ouster.
1Opinion of the Court
Opinion by
Mr. Chief Justice Brown,
The City of Carbondale is a city of the third class. By the third section of article IX of the Act of June 27, 1913, P. L. 568, its council, composed of four members- and the mayor, was “authorized and directed to elect a city clerk, whose term of office and compensation shall be fixed by ordinance.” In pursuance of this authority and direction, the counsel, on February 17, 1914, passed an ordinance, duly approved, the first section of which is as follows: “The council shall elect on the first Monday in April, 1914, and every four years thereafter, by a…
2Cases cited3 opinions
- Houseman v. Commonwealth ex rel. TenerSupreme Court of Pennsylvania · 1882
- Ulrich v. Coaldale BoroughSuperior Court of Pennsylvania · 1913
- Commonwealth, ex rel. Hughes v. GritmanSupreme Court of Pennsylvania · 1916
3Cited by27 opinions
- Matson v. MargiottiSupreme Court of Pennsylvania · 1952
- Commonwealth Ex Rel. Duff v. KeenanSupreme Court of Pennsylvania · 1943
- Commonwealth v. KnoxSuperior Court of Pennsylvania · 1953
- Finley v. McNairSupreme Court of Pennsylvania · 1934
- Commonwealth Ex Rel. Smillie v. McElweeSupreme Court of Pennsylvania · 1937
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