Commonwealth v. Maxwell
Supreme Court of Pennsylvania
This was a quo warranto, in the name of the Commonwealth of Pennsylvania, ex relatione the Attorney-General, at the instance of John K. Findlay, Esq., against Henry D. Maxwell, Esq., to ascertain by what warrant or authority the defendant exercised the office of President Judge of the Courts of Common Pleas of the Third Judicial District, composed of the counties of Northampton and Lehigh.
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This was a quo warranto, in the name of the Commonwealth of Pennsylvania, ex relatione the Attorney-General, at the instance of John K. Findlay, Esq., against Henry D. Maxwell, Esq., to ascertain by what warrant or authority the defendant exercised the office of President Judge of the Courts of Common Pleas of the Third Judicial District, composed of the counties of Northampton and Lehigh. The defendant appeared without process, and the parties agreed upon the facts to be considered as a special verdict, and which were substantially as follows:— Judge McCartney died 15th July, 1856, leaving a…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
Judge McCartney died on the 15th July, 1856, and the general election for that year was held on the 14th day of October. The Act of Assembly of 27th April, 1852, in respect to vacancies in judicial offices, provides that the qualified electors shall choose a successor “ at the first general election tvhich shall happen more than three calender months after the vacancy shall occur.” A large majority of the qualified electors of the third judicial district, the rest declining to vote, elected the relator, on the 14th of October, to be their…
2Cited by11 opinions
- Schlichter v. KeiterSupreme Court of Pennsylvania · 1893
- State Ex Rel. Halbach v. ClaussenSupreme Court of Iowa · 1933
- Kuns v. RobertsonIllinois Supreme Court · 1895
- Noecker v. WoodsSupreme Court of Pennsylvania · 1917
- Commonwealth v. LuckeySuperior Court of Pennsylvania · 1906
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