Commonwealth v. Green
Supreme Court of Pennsylvania
This was a quo warranto issued on the relation of Benjamin Harris Brewster, Attorney-General, against David B. Green. The information was filed in the Supreme Court for the Eastern District, July 3d 1867, and suggested that the defendant was occupying and claiming to occupy the alleged office of Judge of the Criminal Court of Schuylkill county, Judge of the Criminal Court of Lebanon county, and Judge of the Criminal Court of Dauphin county; and without legal warrant has been…
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This was a quo warranto issued on the relation of Benjamin Harris Brewster, Attorney-General, against David B. Green. The information was filed in the Supreme Court for the Eastern District, July 3d 1867, and suggested that the defendant was occupying and claiming to occupy the alleged office of Judge of the Criminal Court of Schuylkill county, Judge of the Criminal Court of Lebanon county, and Judge of the Criminal Court of Dauphin county; and without legal warrant has been and still is exercising judicial power, and holding courts in the said three counties, and asking for process…
1Opinion of the Court
The opinion of the Court was delivered, July 2d, 1868, by
Sharswood. J.
The question raised by the demurrer of the Commonwealth to the defendant’s plea, is whether the Act of Assembly entitled “ An Act to establish criminal courts for Dauphin, Lebanon and Schuylkill counties,” approved April 18th 1867, Pamph. L. 91, is constitutional, so far at least as to authorize the governor to commission the defendant as president judge of the judicial district thereby erected under the name of “ the first district of criminal jurisdiction.” If the legislature had power to erect such a district, to provide…
2Cases cited2 opinions
- Commonwealth ex rel. O'Hara v. SmithSupreme Court of Pennsylvania · 1811
- Commonwealth v. FlanaganSupreme Court of Pennsylvania · 1844
3Cited by30 opinions
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- McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
- Commonwealth v. MooreSupreme Court of Pennsylvania · 1993
- Philadelphia v. Ridge Ave. Ry. Co., Pennsylvania Court of Common Pleas, Philadelphia County1891
- Brereton EstateSupreme Court of Pennsylvania · 1946
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