Commonwealth ex rel. McLaughlin v. Cluley
Supreme Court of Pennsylvania
This was a rule in the Supreme Court, No. 147, to October and November Term 1867, on the suggestion of J. Y. McLaughlin, to show cause why a quo warranto should not issue against Samuel B. Cluley to answer by what warrant he held and exercised the office of sheriff of Allegheny county.
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This was a rule in the Supreme Court, No. 147, to October and November Term 1867, on the suggestion of J. Y. McLaughlin, to show cause why a quo warranto should not issue against Samuel B. Cluley to answer by what warrant he held and exercised the office of sheriff of Allegheny county. The suggestion set out that at the general election October 9 1866, Cluley received 19,915 votes for the office of sheriff, and McLaughlin received 12,925 votes for the same office ; that Cluley was commissioned on the 12th day of November 1866, notwithstanding he had been commissioned for the same office on…
1Opinion of the Court
The opinion of the court was delivered, January 7th 1867, by
Strong, J.
A writ of quo warranto is not a writ of right. Even our Act of Assembly of June 14th 1836, recognises this. It enacts that such writ may be issued by the Supreme Court in all cases in which the writ of quo warranto at common law may have been issued, and in which the said court had, before the passage of the act, possessed the power of granting informations in the nature of such writ. The British statute of 9th Ann. ch. 20, was not, at first, adopted in this state. It was not reported in force by the judges ; but its…
2Cited by37 opinions
- Harter v. VernonCourt of Appeals for the Fourth Circuit · 1996
- Commonwealth Ex Rel. Schermer v. FranekSupreme Court of Pennsylvania · 1933
- Mayer v. HemphillSupreme Court of Pennsylvania · 1963
- Spykerman v. LevySupreme Court of Pennsylvania · 1980
- Commonwealth Ex Rel. Margiotti v. Union Traction Co.Supreme Court of Pennsylvania · 1937
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