Ewing v. Thompson
Supreme Court of Pennsylvania
This was a bill in equity filed by Robert Ewing in the Eastern District, on a motion for a special injunction before Woodward, J., at Nisi Prius. Unable to hear the case at Philadelphia, in consequence of the commencement of the October term in the Western District, the application was continued to October 29th 1862, when it was heard before a full bench at Pittsburgh.
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This was a bill in equity filed by Robert Ewing in the Eastern District, on a motion for a special injunction before Woodward, J., at Nisi Prius. Unable to hear the case at Philadelphia, in consequence of the commencement of the October term in the Western District, the application was continued to October 29th 1862, when it was heard before a full bench at Pittsburgh. The complainant had been commissioned by the governor, November 27th 1861, as sheriff of the city and county of Philadelphia. Before the issuing of this commission, his election to that office had been contested by a petition…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
Three prominent questions are raised by this motion. They are, Has the complainant a legal right to the office of sheriff of the city and county of Philadelphia ? Does the defendant unlawfully invade or threaten to invade that right ? If he does, is the invasion of such a character as to call for the exercise by this court of its preventive power ?
On the 27th day of November 1861, the governor of the Commonwealth issued a commission to the complainant, reciting that by the election returns of the October election of that year, it appeared…
2Cases cited2 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
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