Commonwealth v. Fleming
Superior Court of Pennsylvania
Appeal, No. 124, April T., 1903, by defendants, from order of C. P. Beaver Co., June T., 1903, No. 12, discharging rule for mandamus in case of Commonwealth ex rel. John Moulds v. Robert D. Fleming et al., Town Council of the Borough of Rochester. Petition for mandamus.
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Appeal, No. 124, April T., 1903, by defendants, from order of C. P. Beaver Co., June T., 1903, No. 12, discharging rule for mandamus in case of Commonwealth ex rel. John Moulds v. Robert D. Fleming et al., Town Council of the Borough of Rochester. Petition for mandamus. On March 5, 1903, the court made the following order: And now, March 5, 1903, upon petition of John Moulds, a rule is granted upon Robert D. Fleming, George F. Wehr, Howard S. Marshall, W. F. Workman, John Black, John A. Weber, Charles B. Baldwin, E. E. Bentel, James T. Conlin, C. B. Scott and Frank Middlemass, town council of…
1Opinion of the Court
Opinion by
Henderson, J.,
The borough of Rochester is organized under the general borough law of 1851 and its supplements. The borough coun*407cil is composed of twelve members. The third section of the Act of April 3, 1851, P. L. 320, declares that a majority shall constitute a quorum.
Under the provisions of section 4 of the Act of June 1, 1883, P. L. 54, town councils are authorized to fill vacancies which may occur in the council by death, resignation, or removal from the borough, or otherwise.
A vacancy occurred in the council of the borough of Rochester caused by the removal of a member thereof…
2Cases cited4 opinions
- United States v. BallinSupreme Court of the United States · 1892
- Buell v. Buckingham & Co.Supreme Court of Iowa · 1864
- Launtz v. People ex rel. SullivanIllinois Supreme Court · 1885
- Commonwealth ex rel. Hamilton v. Select & Common CouncilsSupreme Court of Pennsylvania · 1859
3Cited by20 opinions
- Meixell v. Hellertown Borough CouncilSupreme Court of Pennsylvania · 1952
- Commonwealth Ex Rel. Fortney v. WozneySupreme Court of Pennsylvania · 1937
- Stoltz v. McConnonSupreme Court of Pennsylvania · 1977
- Raynovich v. RomanusSupreme Court of Pennsylvania · 1973
- Frackville Borough Council CaseSupreme Court of Pennsylvania · 1932
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