Legal Opinion

Commonwealth ex rel. Alexovits v. Mamatey

Supreme Court of Pennsylvania

Decided March 23, 1917No. Appeal, No. 177PublishedCited by 4 opinions

Appeal, No. 177, Oct. T., 1916, by plaintiffs, from judgment of O. P. Allegheny Co., April T., 1914, No. 73, on verdict for defendants in case Commonwealth of Pennsylvania ex rel.

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Appeal, No. 177, Oct. T., 1916, by plaintiffs, from judgment of O. P. Allegheny Co., April T., 1914, No. 73, on verdict for defendants in case Commonwealth of Pennsylvania ex rel. Leonard S. Alexovits, John Hornak, Charles Barnes, Stephen F. Cherepy, Clement Ihrisky, Thomas Hafner, Peter Palko, Joseph Matejko, Stephen Uhrin, Paul Wodicks, Michael Batovic, Andrew Lenert, George J. Skodol and Ignac Gessay v. Albert Mamatey, John Kulamer, Joseph Durish, Michael Belusar, Joseph Hill, Stephen Kucma, George Hlatky, John Koza, George -Stacho, George Hricovsky, Andrew Kovac, Charles Dubosh, John A.…

1Opinion of the Court

Per Curiam,

The complaint of the appellants at the time this quo warranto proceeding was instituted was that the appellees were unlawfully holding offices, and the writ was invoked to oust them therefrom. On January 1, 1917, the term of the office to which each of them had been elected expired, and, when this appeal was argued, at a later *329date, the question involved was purely academic. The facts are either admitted or undisputed, but we could not enter judgment of ouster, for the reason stated, even if there were merit in appellants’ contention.

Judgment affirmed.

2Cited by4 opinions

  1. Kariher's Petition (No. 1)Supreme Court of Pennsylvania · 1925
  2. Winston v. LadnerSupreme Court of Pennsylvania · 1919
  3. Commonwealth v. Ayers, Pennsylvania Court of Common Pleas, Northampton County1922
  4. McNeely & Price Co. v. GrabowskiSupreme Court of Pennsylvania · 1938

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