Commonwealth v. Allen, Huhn & Shane
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Philadelphia: No. 228, to January Term 1872. This was an information in the nature of a quo warranto, issued November 22d 1871, upon the suggestion of F. Carroll Brewster, Attorney-General, against William S. Allen, Henry Huhn and Nicholas Shane.
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Error to the Court of Common Pleas of Philadelphia: No. 228, to January Term 1872. This was an information in the nature of a quo warranto, issued November 22d 1871, upon the suggestion of F. Carroll Brewster, Attorney-General, against William S. Allen, Henry Huhn and Nicholas Shane. The suggestion set out:— * * * “ That Joseph F. Marcer was elected treasurer of the city of Philadelphia on the second Tuesday of October, A. D. 1869, and accepted the same, was duly qualified, and entered upon the duties of the said office on the first day of January, A. D. 1870. Prior to that date, to wit, upon…
1Opinion of the Court
The opinion of the court was delivered, February 12th 1872, by
Agnew, J.
We cannot doubt'the jurisdiction of the court in this case. There is no true analogy between the state legislature and the councils of a city. Their essential relations are wholly different. The councils are in no proper sense a legislature. They do not make laws, but ordinances; nor are the members legislators, with the constitutional privileges and immunities of legislators. The councils owe their existence, their rule of action, their privileges and their immunities solely to the law, which stands behind and above them;…
2Cases cited2 opinions
- Commonwealth v. M'CloskeySupreme Court of Pennsylvania · 1830
- Barker v. PeopleNew York Supreme Court · 1823
3Cited by23 opinions
- Sweeney v. TuckerSupreme Court of Pennsylvania · 1977
- Commonwealth Ex Rel. v. SnyderSupreme Court of Pennsylvania · 1928
- State ex rel. Biggs v. CorleySupreme Court of Delaware · 1934
- Commonwealth ex rel. Graham v. DeCampSupreme Court of Pennsylvania · 1896
- Burke to Use v. BryantSupreme Court of Pennsylvania · 1925
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