Legal Opinion

Commonwealth ex rel. Broom v. Hanley

Supreme Court of Pennsylvania

Decided January 22, 1848PublishedCited by 22 opinions

Quo warranto. The suggestion set forth, that by a commission issued by the governor, dated December 14, 1848, directed to the relator, reciting that it appeared from the returns in the office of the secretary of the commonwealth, that at an election on the 10th of October last, O. Brooks was duly elected to the office of Clerk of the Orphans’' Court for the city and county of Philadelphia, and that since the filing the said returns, said Brooks had deceased, and a vacancy…

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Quo warranto. The suggestion set forth, that by a commission issued by the governor, dated December 14, 1848, directed to the relator, reciting that it appeared from the returns in the office of the secretary of the commonwealth, that at an election on the 10th of October last, O. Brooks was duly elected to the office of Clerk of the Orphans’' Court for the city and county of Philadelphia, and that since the filing the said returns, said Brooks had deceased, and a vacancy had thereby occurred in said office, he, the said relator, was appointed and commissioned to hold the said office.' That…

1Opinion of the CourtRogers, J.

The rights of the relator and respondent depend upon the construction of that part of the amended constitution, which provides “That the prothonotaries of the Supreme Court shall be appointed by the said court for the term of three years, if they so long behave themselves well: prothonotaries and clerks of the several other courts, recorders of deeds, and registers of wills, shall at the time and places of election of representatives, be elected by the qualified electors of each county or district over which the said courts extend, and shall be commissioned by the governor. They shall hold…

2Cases cited1 opinion

  1. Commonwealth v. SwiftSupreme Court of Pennsylvania · 1839

3Cited by22 opinions

  1. State ex rel. Davis v. OsborneArizona Supreme Court · 1912
  2. State Ex Rel. McCarthy v. WatsonSupreme Court of Connecticut · 1946
  3. Smoot v. SomervilleCourt of Appeals of Maryland · 1882
  4. Commonwealth Ex Rel. Matthews v. LomasSupreme Court of Pennsylvania · 1930
  5. State Ex Rel. Foughty v. FriederichNorth Dakota Supreme Court · 1961

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