Legal Opinion

Commonwealth v. Middleton

Supreme Court of Pennsylvania

Decided February 6, 1905No. Appeal, No. 1PublishedCited by 5 opinions

Appeal, No. 1, May T., 1905, by plaintiff, from judgment of C. P. Dauphin Co., Commonwealth Docket, 1904, No. 79, on demurrer for defendant in case of Commonwealth ex rel. Hampton L. Carson, Attorney General, v. William H. Middleton. Demurrer to answer in quo warranto.

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Appeal, No. 1, May T., 1905, by plaintiff, from judgment of C. P. Dauphin Co., Commonwealth Docket, 1904, No. 79, on demurrer for defendant in case of Commonwealth ex rel. Hampton L. Carson, Attorney General, v. William H. Middleton. Demurrer to answer in quo warranto. Ktjnkrl, J., filed the following opinion : On April 19, 190-1, the attorney general filed his suggestion in this court for a writ of quo warranto, alleging that the defendant is exercising the office of school treasurer of the common school district of the city of Harrisburg without authority of law. Pursuant to this suggestion…

1Opinion of the Court

Pee Ctjeiam,

In Stegmaier v. Jones, 203 Pa. 47, and again in Com. ex rel. Miller v. Brown, 210 Pa. 29, attention was called to the fact that there is no constitutional requirement of uniformity in legislation as to matters included in section 7 of article III, of the constitution. That section prohibits local and special laws upon certain enumerated subjects and thereby requires that the legislation upon such subjects shall be general. Uniformity of provision or of result is not therefore in itself a requirement, but merely one of the tests judicially applied to determine the local, special or…

2Cases cited2 opinions

  1. Commonwealth v. BrownSupreme Court of Pennsylvania · 1904
  2. Stegmaier v. JonesSupreme Court of Pennsylvania · 1902

3Cited by5 opinions

  1. Commonwealth v. HellerSupreme Court of Pennsylvania · 1907
  2. Beckman v. Lansberry, Pennsylvania Court of Common Pleas, Lycoming County1939
  3. Commonwealth v. BriggsPhiladelphia County Court of Quarter Sessions · 1938
  4. Davis v. School District, Pennsylvania Court of Common Pleas, Philadelphia County1939
  5. Rubinsky v. City of Pottsville, Pennsylvania Court of Common Pleas, Schuylkill County1922

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