Commonwealth ex rel. Keller v. Scherr
Supreme Court of Pennsylvania
Appeal, No. 22, Jan. T., 1917, by plaintiff, from order of C. P. Schuylkill Co., Sept. T., 1916, No. 168, sustaining a demurrer and quashing writ of quo warranto in „case of Commonwealth of Pennsylvania ex relatione Nicholas Keller v. George P. Scherr and Garfield D. Evans. Quo warranto proceedings brought to oust respondents from office as members of Council of the Borough of Saint Clair. Before Koch, J. The opinion of the Supreme Court states the facts.
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Appeal, No. 22, Jan. T., 1917, by plaintiff, from order of C. P. Schuylkill Co., Sept. T., 1916, No. 168, sustaining a demurrer and quashing writ of quo warranto in „case of Commonwealth of Pennsylvania ex relatione Nicholas Keller v. George P. Scherr and Garfield D. Evans. Quo warranto proceedings brought to oust respondents from office as members of Council of the Borough of Saint Clair. Before Koch, J. The opinion of the Supreme Court states the facts. See Commonwealth ex rel. v. Brennan et al., 258 Pa. 1. Defendants demurred to the suggestion for the writ. The court sustained the demurrer…
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
This appeal is from a decree of the court below quashing the writ of quo warranto brought to determine the title of respondents to the office of members of council in the Borough of St. Clair, and raises questions we have discussed in the preceding, case of Commonwealth ex rel. v. Brennan et al., 258 Pa. 1. At the municipal election in November, 1911, Keller, the relator, was elected a member of council from the north ward of the borough for a period of four years. At the election in November, 1913, two persons were elected from that ward without designation of…
2Cases cited1 opinion
- Commonwealth v. BrennanSupreme Court of Pennsylvania · 1917