Legal Opinion

Commonwealth v. Clark

Supreme Court of Pennsylvania

Decided April 12, 1915No. Appeal, No. 87PublishedCited by 4 opinions

Appeal, No. 87, Oct. T., 1915, by James H. EÍeath and H. A. Baldwin, defendants, from judgment Of O. P. Westmoreland Co., May T., 19l4, No. 189, of ouster in quo warranto proceedings in case of Commonwealth: of Pennsylvania, ex relatione, Charles E. Weaver, v. David Clark; E. E. Graham, Daniel A. Long, Jamies H. Heath, H. A. Baldwin ánd’Alex Logan.

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Appeal, No. 87, Oct. T., 1915, by James H. EÍeath and H. A. Baldwin, defendants, from judgment Of O. P. Westmoreland Co., May T., 19l4, No. 189, of ouster in quo warranto proceedings in case of Commonwealth: of Pennsylvania, ex relatione, Charles E. Weaver, v. David Clark; E. E. Graham, Daniel A. Long, Jamies H. Heath, H. A. Baldwin ánd’Alex Logan. Quo warranto to oust from office tlie defendants and to declare that relator was entitled to hold the office of borough councilman. Before Copeland, P. J., specially presiding. The opinion of the Supreme Court states the case, The jury, by…

1Opinion of the Court

Opinion by

Mr. Justice Frazer,

The Borough of South Greensburg is a municipality not divided into wards and is therefore entitled to seven councilmen. The term of , office of four of the members was due to expire the first .Monday of January, 1914, and their successors were to be elected in November, 1913. The unexpired term of another, which had two more years to run, was also to be filled at that election. In July, 1913, a Sixth member, Richard Clyde, signified his intention of removing from the borough. He did not, however, formally present his resignation to council until November 15th, at…

2Cases cited4 opinions

  1. Commonwealth v. JamesSupreme Court of Pennsylvania · 1906
  2. Appeal of GilroySupreme Court of Pennsylvania · 1882
  3. Updegraff v. CransSupreme Court of Pennsylvania · 1864
  4. Commonwealth v. DurkinSupreme Court of Pennsylvania · 1914

3Cited by4 opinions

  1. State Ex Rel. SULLIVAN v. MooreArizona Supreme Court · 1937
  2. Commonwealth, ex rel. Gast v. KellySupreme Court of Pennsylvania · 1917
  3. Baker v. ConwaySupreme Court of Alabama · 1926
  4. Commonwealth ex rel. District Attorney v. Champaine, Pennsylvania Court of Common Pleas, Chester County1980

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