Commonwealth v. McAfee
Supreme Court of Pennsylvania
Appeal, No. 10, May T., 1911, by plaintiff, from order of C. P. Dauphin Co., Commonwealth Docket, 1911, No. 16, dismissing petition for mandamus in case of Commonwealth ex rel. Norris S. Barratt v. Robert McAfee, Secretary of the Commonwealth of Pennsylvania. Petition for mandamus.
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Appeal, No. 10, May T., 1911, by plaintiff, from order of C. P. Dauphin Co., Commonwealth Docket, 1911, No. 16, dismissing petition for mandamus in case of Commonwealth ex rel. Norris S. Barratt v. Robert McAfee, Secretary of the Commonwealth of Pennsylvania. Petition for mandamus. Kunkel, P. J., and McCarrell, J., filed the following opinion: This cause has been submitted to us without argument, with the suggestion that we shall enter a judgment pro forma, so that the question may be speedily and authoritatively settled by the Supreme Court. However, we prefer to state our reasons for our…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
■ The objection to the act of March 2, 1911, is that it extends for the period of one year the terms of all judges whose commissions expire on the first Monday of January in odd-numbered years. In Com. v. Sheatz, 228 Pa. 301, referring to a term fixed by the constitution, we said, “The term of office fixed by the constitution is expressly limited to a definite number of years, and it is not within the power of the legislature, directly or indirectly, to extend it beyond the prescribed period. . . . There is an implied prohibition against the right of the…
2Cases cited5 opinions
- Page v. AllenSupreme Court of Pennsylvania · 1868
- Commonwealth v. SheatzSupreme Court of Pennsylvania · 1910
- Commonwealth v. DickertSupreme Court of Pennsylvania · 1900
- Walsh v. Commonwealth ex rel. EvansSupreme Court of Pennsylvania · 1879
- Etter v. McAfeeSupreme Court of Pennsylvania · 1910
3Cited by26 opinions
- Tranter v. Alleghency County Co. AuthoritySupreme Court of Pennsylvania · 1934
- State Ex Rel. Eberle v. ClarkSupreme Court of Connecticut · 1913
- Cavanaugh v. DavisSupreme Court of Pennsylvania · 1982
- Hooper v. AlmandSupreme Court of Georgia · 1943
- State Ex Rel. New Washington Oyster Co. v. MeakimWashington Supreme Court · 1949
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