Commonwealth ex rel. Smith v. Dieffenbach

The facts fully appear in the opinion delivered

by Lewis, J.

This is a motion by Ignatius Steinmetz and Peter Fasel, in the nature of an application by each for an examination pro interesse suo, in order that their several interests may be protected, and the writ of assistance discharged as to them.

A brief history of the case as it stands upon the record, may be necessary to a proper understanding of the merits of this motion. A dispute had existed for some years respecting the manner of conducting the elections of trustees, and the right to possession, under the charter of 4th October, 1788,…