Commonwealth v. James
Supreme Court of Pennsylvania
Appeal, No. 301, Jan. T., 1905, by defendant, from judgment of C. P. Schuylkill Co., Sept. T., 1905, No. 18, on petition for mandamus in case of Commonwealth ex rel. Samuel Stahl v. David R. James, President, and Wm. Neiswender, John Fishbur'n, Wm. Lewis, Paul W. Houck, John Schaefer, Peter Kirk, Henry J. Muldoon, Patrick Burke, John J. Burns, Michael Durkin, Jacob Shane, Anthony Nawvitski, Corby Stack,’Members of the Town Council of the Borough of Shenandoah.
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Appeal, No. 301, Jan. T., 1905, by defendant, from judgment of C. P. Schuylkill Co., Sept. T., 1905, No. 18, on petition for mandamus in case of Commonwealth ex rel. Samuel Stahl v. David R. James, President, and Wm. Neiswender, John Fishbur'n, Wm. Lewis, Paul W. Houck, John Schaefer, Peter Kirk, Henry J. Muldoon, Patrick Burke, John J. Burns, Michael Durkin, Jacob Shane, Anthony Nawvitski, Corby Stack,’Members of the Town Council of the Borough of Shenandoah. Petition for mandamus. The facts are stated in the opinion of the Supreme Court. The court in an opinion by Marr, J., entered judgment…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This proceeding is like a house built on sand, the foundation being swept away, the superstructure crumbles and falls. At the February election in 1904 Magargle was duly elected councilman from the second ward of the borough of Shenandoah, for a period of three years, commencing the first Monday of March, 1904, and ending the first Monday of March, 1907. He qualified as a member, participated in the organization of council, was assigned to certain committees like other councilmen, performed his duties and continued to act in his official capacity and assert his…
2Cases cited7 opinions
- Heffner v. Commonwealth ex rel. KlineSupreme Court of Pennsylvania · 1857
- Gilroy v. Commonwealth ex rel. District AttorneySupreme Court of Pennsylvania · 1884
- Commonwealth ex rel. Vandyke v. HenrySupreme Court of Pennsylvania · 1865
- Councils of Reading v. CommonwealthSupreme Court of Pennsylvania · 1849
- Comm'th. ex rel. Claghorn v. CullenSupreme Court of Pennsylvania · 1850
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3Cited by17 opinions
- Spykerman v. LevySupreme Court of Pennsylvania · 1980
- Brinton v. KerrSupreme Court of Pennsylvania · 1935
- Commonwealth, ex rel. Gast v. KellySupreme Court of Pennsylvania · 1917
- Driskel v. O'ConnorSupreme Court of Pennsylvania · 1940
- Commonwealth Ex Rel. Davis v. BlumeSupreme Court of Pennsylvania · 1932
12 more not listed; retrieve them via the Exa API.