Legal Opinion

Hayes v. Sturges

Supreme Court of Pennsylvania

Decided May 24, 1906No. Appeal, No. 256PublishedCited by 2 opinions

Appeal, No. 256, Jan. T., 1905, by defendant, from decree of C. P. Lackawanna Co., Sept. T., 1905, No. 3, on bill in. equity in case of John Hayes, Burgess, v. Frank Sturges et al. Bill in equity for an injunction.

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Appeal, No. 256, Jan. T., 1905, by defendant, from decree of C. P. Lackawanna Co., Sept. T., 1905, No. 3, on bill in. equity in case of John Hayes, Burgess, v. Frank Sturges et al. Bill in equity for an injunction. Before Newcomb, J. The court found the facts to be as follows : 1. The borough of Old Forge was incorporated by decree of the quarter sessions of this county in 1899. In accordance with the Act of May 22, 1895, P. L. 109, it had seven councilmen to be elected at large, three of whom were elected at the February election in 1900 for three years, two for two years, and two for one…

1Opinion of the Court

Opinion by

Mr. Justice Potter,

In this proceeding the legality of the election of the persons assuming to act as eouncilmen of the borough of Old Forge, *608was attacked, upon the ground that there was no legislative authority for the election of members of council for any term longer than one year, in boroughs which are divided into wards. It was alleged that the provisions of the law as to classification do not apply to such boroughs. The appropriate remedy in this case would have been quo warranto. Equity has no jurisdiction to determine the right to hold and exercise a public office: Gilroy’s…

2Cases cited3 opinions

  1. Appeal of GilroySupreme Court of Pennsylvania · 1882
  2. Dayton v. CarterSupreme Court of Pennsylvania · 1903
  3. Commonwealth ex rel. McAndrew v. FletcherSupreme Court of Pennsylvania · 1897

3Cited by2 opinions

  1. Dunlap v. HarbinsonSuperior Court of Pennsylvania · 1917
  2. In re Election Board OfficersPhiladelphia County Court of Quarter Sessions · 1941

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