Commonwealth v. Luker
Supreme Court of Pennsylvania
Appeal, No. 80, Oct. T., 1917, by Donald C. Duffy, from order of C. P. Armstrong Co., March T., 1917, No. 50, quashing writ of quo warranto, in case of Commonwealth of Pennsylvania ex rel. Charles C. Huston, Donald C. Duffy, Appellant, v. H. G. Luker, J. W. Glenn, and Charles B. Ellermeyer. Petition for quo warranto. Motion to quash alternative writ. Before King, P. J. The opinion of the Supreme Court states the facts. The court granted the motion and quashed the writ.
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Appeal, No. 80, Oct. T., 1917, by Donald C. Duffy, from order of C. P. Armstrong Co., March T., 1917, No. 50, quashing writ of quo warranto, in case of Commonwealth of Pennsylvania ex rel. Charles C. Huston, Donald C. Duffy, Appellant, v. H. G. Luker, J. W. Glenn, and Charles B. Ellermeyer. Petition for quo warranto. Motion to quash alternative writ. Before King, P. J. The opinion of the Supreme Court states the facts. The court granted the motion and quashed the writ. Relator appealed. was in quashing the writ of quo warranto.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
On December 20, 1916, at the suggestion of two stockholders of the Kittanning Brewing Company, the court below directed a writ of quo warranto requiring the three respondents named .therein, viz., H. G. Luker, .president, Charles B. Ellermeyer, vice-president, and J. W. Glenn, treasurer, to show by what warrant they *604held and exercised their respective offices; also demanding that Charles B. Ellermeyer show by what authority he acted as a director of said corporation. On January 6, 1917, the several defendants filed a motion to quash, which prevailed; hence…
2Cases cited6 opinions
- Commonwealth, ex rel. Gast v. PfrommSupreme Court of Pennsylvania · 1917
- Commonwealth ex rel. Gordon v. GrahamSupreme Court of Pennsylvania · 1870
- Commonwealth ex rel. Morris v. StevensSupreme Court of Pennsylvania · 1895
- Commonwealth ex rel. Pughe v. DavisSupreme Court of Pennsylvania · 1885
- Commonwealth v. StevensonSupreme Court of Pennsylvania · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Commonwealth Ex Rel. Miller v. SommerSupreme Court of Pennsylvania · 1932
- Commonwealth v. Ayers, Pennsylvania Court of Common Pleas, Northampton County1922
- Hackney's Petition, Pennsylvania Department of Justice1936