Commonwealth ex rel. District Attorney v. Kistler
Supreme Court of Pennsylvania
Appeal, No. 105, July T., 1891, by plaintiff, The Commonwealth of Penna. ex rel. J. S. Fisher, Dist. Atty., from decree of C. P. Carbon Co., June T., 1891, No. 5, refusing application for quo warranto against E. H. Kistler et al. The suggestion for the quo warranto was made by John F. Fisher, district attorney, on behalf of the commonwealth.
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Appeal, No. 105, July T., 1891, by plaintiff, The Commonwealth of Penna. ex rel. J. S. Fisher, Dist. Atty., from decree of C. P. Carbon Co., June T., 1891, No. 5, refusing application for quo warranto against E. H. Kistler et al. The suggestion for the quo warranto was made by John F. Fisher, district attorney, on behalf of the commonwealth. It stated that on the 10th of June, 1890, by order and decree of the court of quarter sessions of Carbon county, the borough of Lansford was divided into three wards; that an appeal was taken to the Supreme Court on the 26th of June, 1890, and on the 23d…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The court of quarter sessions made a decree dividing the borough of Lansford into three wards and this court confirmed the decree : Lansford Borough, 141 Pa. 134. It is now claimed, and the learned judge below felt constrained to hold, that a single dissatisfied taxpayer, by a certiorari without allocatur or special order of supersedeas could defeat the effect of the decree, postpone the election under the law, deprive the electors of their rights for an indefinite period, practically beyond the next general election, and thus continue in office for at least a…
2Cases cited3 opinions
- Bruner v. FinleySupreme Court of Pennsylvania · 1898
- Gilroy v. Commonwealth ex rel. District AttorneySupreme Court of Pennsylvania · 1884
- Division of Lansford BoroughSupreme Court of Pennsylvania · 1891
3Cited by11 opinions
- Harwood v. Bruhn Et UxSupreme Court of Pennsylvania · 1933
- State ex rel. Young v. Village of KentSupreme Court of Minnesota · 1905
- Milton v. MitchellSupreme Court of Georgia · 1913
- Commonwealth v. SoberSuperior Court of Pennsylvania · 1901
- Swartz v. BibenSuperior Court of Pennsylvania · 1925
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