Legal Opinion

Commonwealth v. Leary

Superior Court of Pennsylvania

Decided July 18, 1916No. Appeal, No. 66PublishedCited by 1 opinion

Appeal, No. 66, Oct. T., 1915, by plaintiff, from judgment of C. P. Delaware Co., Dec. T., 1913, No. 362, for defendant on quo warranto in case of Commonwealth, ex rel., Petition for quo warranto. The case turned on whether the office of inspector of weights and measures was a constitutional office so that the incumbent could be removed at the pleasure of the power by which he had been appointed. The court entered judgment for defendant.

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Appeal, No. 66, Oct. T., 1915, by plaintiff, from judgment of C. P. Delaware Co., Dec. T., 1913, No. 362, for defendant on quo warranto in case of Commonwealth, ex rel., Petition for quo warranto. The case turned on whether the office of inspector of weights and measures was a constitutional office so that the incumbent could be removed at the pleasure of the power by which he had been appointed. The court entered judgment for defendant. Error assigned was in entering judgment for defendant.

1Opinion of the Court

Opinion by

Porter, J.,

This is a proceeding hy writ of quo warranto, issued upon the suggestion of Robert Watson, requiring William J. Leary, the respondent, to show by what authority he claims to exercise the office of inspector of weights and measures of the City of Chester. The respondent having filed an answer, the court below, after hearing evidence, found that the defendant had been duly appointed by the mayor to the office of inspector of weights and measures of the City of Chester on January 1, 1913, and that he had been reappointed by the mayor on the first day of December, 1913. The…

2Cited by1 opinion

  1. Emhardt v. Wilson, Pennsylvania Court of Common Pleas, Philadelphia County1934

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