Commonwealth v. Bennett
Supreme Court of Pennsylvania
Appeal, No. 143, Jan. T., 1911, by defendant, from decree of C. P. York Co., April Term, 1911, No. 106, awarding judgment of ouster in case of Commonwealth ex rel. R. P. Sherwood, District Attorney v. J. H. Bennett. Quo warranto. Before Bittenger, P. J. The facts are stated in the opinion of the Supreme Court. Error assigned was the judgment of ouster.
Read the full summary
Appeal, No. 143, Jan. T., 1911, by defendant, from decree of C. P. York Co., April Term, 1911, No. 106, awarding judgment of ouster in case of Commonwealth ex rel. R. P. Sherwood, District Attorney v. J. H. Bennett. Quo warranto. Before Bittenger, P. J. The facts are stated in the opinion of the Supreme Court. Error assigned was the judgment of ouster. Council itself is the exclusive judge of the right of one of its members to hold an alleged incompatible office: Com. ex rel. Field v. Barger, 20 Leg. Int. 101; Auchenbaqh v. Seibert, 120 Pa. 159. The rule laid down in Com. ex rel. Ryan v.…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
The defendant, J. H. Bennett, was elected to councils *288in the city of York in April, 1905, and re-elected in 1907 and 1909, and he was appointed to the office of local registrar of vital statistics on November 1, 1905, under the Act of May 1, 1905, P. L. 330. The district attorney filed a suggestion for a writ of quo warranto praying that the defendant be required to show by what authority he exercised the former office. The defendant admitted that he held both places, but contended that the latter position was that of a mere agent or employee of the state…
2Cases cited4 opinions
- Commonwealth v. Allen, Huhn & ShaneSupreme Court of Pennsylvania · 1872
- Commonwealth ex rel. Graham v. DeCampSupreme Court of Pennsylvania · 1896
- Auchenbach v. SeibertSupreme Court of Pennsylvania · 1888
- Commonwealth v. WitmanSupreme Court of Pennsylvania · 1907
3Cited by10 opinions
- Commonwealth Ex Rel. v. SnyderSupreme Court of Pennsylvania · 1928
- Harrington v. CarrollSupreme Court of Pennsylvania · 1968
- Commonwealth ex rel. Orban v. Berkey, Pennsylvania Court of Common Pleas, Somerset County1950
- Commonwealth ex rel. District Attorney v. Snyder, Pennsylvania Court of Common Pleas, Northumberland County1928
- Commonwealth v. Owen, Pennsylvania Court of Common Pleas, York County1940
5 more not listed; retrieve them via the Exa API.