Commonwealth, ex rel. Gast v. Kelly
Supreme Court of Pennsylvania
Appeal, No. 123, Oct. T., 1916, by respondent, from judgment of C. P. Allegheny Co., April T., 1916, No. 163, in case of Commonwealth of Pennsylvania, ex rel., William Gast, v. Harry B. Kelly. Quo warranto to determine the title of Councilmen in the Borough of McKees Rocks. The opinion of the Supreme Court states the facts of the case. The court directed a verdict for relator, upon which judgment was entered. Respondent appealed.
Read the full summary
Appeal, No. 123, Oct. T., 1916, by respondent, from judgment of C. P. Allegheny Co., April T., 1916, No. 163, in case of Commonwealth of Pennsylvania, ex rel., William Gast, v. Harry B. Kelly. Quo warranto to determine the title of Councilmen in the Borough of McKees Rocks. The opinion of the Supreme Court states the facts of the case. The court directed a verdict for relator, upon which judgment was entered. Respondent appealed. Errors assigned were (1) the judgment of the court, (2) the form of the special verdict, and (8) the refusal of the court to enter judgment for respondent non…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
January 8, 1916, William Gast filed a suggestion for a writ of quo warranto, in the Common Pleas of Allegheny County, against Harry B. Kelly, averring that a vacancy had occurred in the council of the Borough of McKees Rocks by reason of the removal from that locality, on or about September 1,1915, of Dr. H. J. Goodrich, one of its councilmen; that, at the regular election in November, 1915, the relator had been elected to fill the vacancy .thus created, and had duly qualified, but, in the meantime, the respondent had been permitted to .intrude himself into…
2Cases cited6 opinions
- The People v. . CookNew York Court of Appeals · 1853
- DeTurk v. CommonwealthSupreme Court of Pennsylvania · 1889
- Knight v. Coudersport BoroughSupreme Court of Pennsylvania · 1914
- Commonwealth v. JamesSupreme Court of Pennsylvania · 1906
- Commonwealth v. PyleSupreme Court of Pennsylvania · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Commonwealth Ex Rel. v. SnyderSupreme Court of Pennsylvania · 1928
- Dutton v. TawesCourt of Appeals of Maryland · 1961
- Fish's ElectionSupreme Court of Pennsylvania · 1922
- Commonwealth Ex Rel. Storb v. SchrollSupreme Court of Pennsylvania · 1960
- Mosby v. ArmstrongSupreme Court of Pennsylvania · 1927
17 more not listed; retrieve them via the Exa API.