Commonwealth v. Garvey
Supreme Court of Pennsylvania
Appeal, No. 12, Jan. T., 1907, by plain till, from judgment of C. P. Lackawanna Co., Sept. T. 1906, No. 1,036, for defendant on case tried by the court without a jury, in case of Commonwealth ex reí. I. F. Price v. M. J. Garvey. Petition for mandamus. Before Kelley, J. The facts are stated in the opinion of the Supreme Court. Error assigned was the judgment of the court.
1Opinion of the Court
Per Curiam,
This case’was tried in the common pleas with the case of another claimant to the office of treasurer of the borough of Moosic. In the opinion filed in that case, but covering both cases, it was said in relation to the relator in this: “ As far as Mr. Price’s claim is concerned, it is sufficient to say that he never was elected by either a de jure or a de facto borough council. He does not claim by virtue of his election at the meeting of the so-called Price council held on March 6, 1906, but claims under an election held on July 2, 1906. As we have stated in our seventh finding of…
2Cited by5 opinions
- Penton v. Brown-Crummer Inv. Co.Supreme Court of Alabama · 1930
- Commonwealth Ex Rel. Fortney v. WozneySupreme Court of Pennsylvania · 1937
- Commonwealth v. Hill, Pennsylvania Court of Common Pleas, Northumberland County1934
- Commonwealth v. Sullivan, Pennsylvania Court of Common Pleas, Luzerne County1938
- Wharton v. Cheltenham Township, Pennsylvania Court of Common Pleas, Montgomery County1952