Commonwealth v. Swift
Supreme Court of Pennsylvania
QUO WARRANTO. A writ of quo warranto was issued from this Court, returnable to the present term, requiring John Swift, Esq. to show by what warrant he claimed to have and enjoy the franchise, office, liberty and privilege of Recorder of Deeds, in and for the City and County of Philadelphia. The writ was issued on the following suggestion. “ City and County of Philadelphia, ss.
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QUO WARRANTO. A writ of quo warranto was issued from this Court, returnable to the present term, requiring John Swift, Esq. to show by what warrant he claimed to have and enjoy the franchise, office, liberty and privilege of Recorder of Deeds, in and for the City and County of Philadelphia. The writ was issued on the following suggestion. “ City and County of Philadelphia, ss. Be it remembered that George Smith, who sues for the common-' wealth in this behalf, comes here into Court, and gives the Court here to understand and be informed, that by virtue of a commission, issued in the name and…
1Opinion of the Court
The opinion of the Court was delivered on the fourth of February by
Gibson C. J. —
Did the question depend on whether all the provisions of the eleventh section of the schedule, are applicable to the officers named in the third section of the sixth article, the respondent might have a plausible case ; for some of them, by the letter, are not; but it is impossible to say, with that degree of certainty which is requisite to judicial decision, what was meant. “ The appointing *197power,” it is said, “ shall remain as heretofore, and all officers in the appointment of the executive department, shall…
2Cases cited1 opinion
- Commonwealth ex rel. Reynolds v. BussierSupreme Court of Pennsylvania · 1820
3Cited by5 opinions
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- Home Insurance Co. v. Taxing DistrictTennessee Supreme Court · 1880