Commonwealth ex rel. Yard v. Meeser
Supreme Court of Pennsylvania
This was an application to tbe Supreme Court by Henry E. Wallace and Edmund S. Yard, for a writ of quo warranto, based upon tbe following suggestion :— Henry E. Wallace and Edmund S. Yard, citizens and qualified voters of tbe Fifth Ward of tbe city of Philadelphia, who sue in this behalf, as well for the Commonwealth of Pennsylvania, this 21st day of February 1863, come into court here, and for the said Commonwealth, give the court here to understand and be informed, that…
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This was an application to tbe Supreme Court by Henry E. Wallace and Edmund S. Yard, for a writ of quo warranto, based upon tbe following suggestion :— Henry E. Wallace and Edmund S. Yard, citizens and qualified voters of tbe Fifth Ward of tbe city of Philadelphia, who sue in this behalf, as well for the Commonwealth of Pennsylvania, this 21st day of February 1863, come into court here, and for the said Commonwealth, give the court here to understand and be informed, that William Meeser, since the 5th day of January last, has exercised, and still does exercise, the office,.franchises, rights,…
1Opinion of the Court
On hearing, the court awarded the writ, and filed of record the following opinion, which was delivered, by
Lowrie, C. J.
It would be a vicious rule of law that would alloAV all public officers to be annoyed by a quo warranto at the pleasure of every intermeddler or malicious person, and therefore we have hesitated in granting this writ at the suit of a private person. But it is quite apparent that the relator here really represents a large and respectable political party, and is not induced to act by mere personal motives. And we observe that by the Act of 24th April 1854, § 3 (not cited to- us…
2Cited by7 opinions
- Commonwealth, ex rel. Gast v. PfrommSupreme Court of Pennsylvania · 1917
- State ex rel. Doolittle v. HaysMississippi Supreme Court · 1907
- Commonwealth v. BowditchSupreme Court of Pennsylvania · 1907
- Hill v. State Ex Rel. AdamsMississippi Supreme Court · 1930
- United States ex rel. Frizzell v. NewmanDistrict of Columbia Court of Appeals · 1914
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