Auchenbach v. Seibert
Supreme Court of Pennsylvania
CERTIORARI TO THE COURT OE QUARTER SESSIONS OE BERKS COUNTY. No. 17 July Term 1888, Sup. Ct.; court below, March Sessions 1888. On March 8,1888, George Seibert and sixty-two others presented their petition representing: That they are citizens and qualified electors of the Second ward, in the city of Reading, county of Berks, and state of Pennsylvania; that on February 21, 1888, the third Tuesday of the said month, there was an election, at which all of your petitioners…
Read the full summary
CERTIORARI TO THE COURT OE QUARTER SESSIONS OE BERKS COUNTY. No. 17 July Term 1888, Sup. Ct.; court below, March Sessions 1888. On March 8,1888, George Seibert and sixty-two others presented their petition representing: That they are citizens and qualified electors of the Second ward, in the city of Reading, county of Berks, and state of Pennsylvania; that on February 21, 1888, the third Tuesday of the said month, there was an election, at which all of your petitioners voted, held in the said city of Reading in pursuance of law for the election of city, ward and precinct officers; that among…
1Opinion of the Court
Opinion,
Mr. Chief Justice Gobdon :
It is very clear that the Court of Quarter Sessions acted ultra vires in entering judgment of ouster against the respondent in this case. It had no jurisdiction to pronounce upon the qualification of Daniel Auchenbaeh as a councilman. The act of assembly vests that power not in the court, but in that branch of the municipal council to which the member may be elected. It is only in contested election cases that the court has jurisdiction, and as this jurisdiction is not one of common law it cannot be extended by implication beyond the prescriptions of the act…
2Cited by15 opinions
- Sweeney v. TuckerSupreme Court of Pennsylvania · 1977
- In Re JonesSupreme Court of Pennsylvania · 1984
- Greene Township Malt Beverage License Referendum ContestSupreme Court of Pennsylvania · 1938
- Harrington v. CarrollSupreme Court of Pennsylvania · 1968
- Gunnett v. TroutSupreme Court of Pennsylvania · 1955
10 more not listed; retrieve them via the Exa API.