Commonwealth v. Sharetts
Supreme Court of Pennsylvania
Appeal, No. 57, Jan. T., 1911, by defendant, from judgment of C. P. Adams Co., Jan. T., 1911, No. 52, of ouster in case of Commonwealth ex rel. H. W. Taylor v. Jacob E. Sharetts. Quo warranto to determine title to office of director of the poor. Before Swope, P. J. The case turned upon the validity of an election for directors of the poor at the general election of November 8, 1910. The record showed that the office was created by the local Act of March 24,1817, 6 Sm.
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Appeal, No. 57, Jan. T., 1911, by defendant, from judgment of C. P. Adams Co., Jan. T., 1911, No. 52, of ouster in case of Commonwealth ex rel. H. W. Taylor v. Jacob E. Sharetts. Quo warranto to determine title to office of director of the poor. Before Swope, P. J. The case turned upon the validity of an election for directors of the poor at the general election of November 8, 1910. The record showed that the office was created by the local Act of March 24,1817, 6 Sm. L. 457, relating to Adams county. The court entered judgment of ouster. Error assigned was the judgment of the court.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
Where directors of the poor hold their office by virtue of a special act of assembly erecting them into a corporate body, as is the case here, they are not county officers. So much was clearly decided in Nissley v. Lancaster County, 215 Pa. 562. But it by no means follows that *527they are unaffected by the constitutional amendments of 1909. Though not county officers, they yet are public municipal officers. Their selection is not provided for specifically in the constitution, nevertheless they are quite as much municipal officers in essential characteristics as…
2Cases cited1 opinion
- Nissley v. Lancaster CountySupreme Court of Pennsylvania · 1906
3Cited by3 opinions
- Tranter v. Alleghency County Co. AuthoritySupreme Court of Pennsylvania · 1934
- Commonwealth Ex Rel. Woodruff v. JoyceSupreme Court of Pennsylvania · 1927
- Wiest's LicenseDauphin County Court of Quarter Sessions · 1937