Legal Opinion

Commonwealth Ex Rel. Kelley v. Keiser

Supreme Court of Pennsylvania

Decided October 31, 1940No. Appeal, 294PublishedCited by 20 opinions

1Opinion of the Court

Per Curiam,

The judgment is affirmed on the opinion of the able President Judge of the court below.

We add, because the question was argued before us, although apparently not in the court below, that the burden of proof to sIioav good title to the office, quo warranto proceedings having been instituted by the Commomvealth, was upon respondent: 11 Standard Penna. Practice 294; 51 C. J. 355. See also Com. v. Commercial Bank, 28 Pa. 383. The burden is not met by producing a commission from the Governor or a certificate of election where the challenge is to some personal qualification of the…

2Cases cited1 opinion

  1. Commonwealth v. Commercial BankSupreme Court of Pennsylvania · 1857

3Cited by20 opinions

  1. Commonwealth v. SutleySupreme Court of Pennsylvania · 1977
  2. Commonwealth v. WilliamsSupreme Court of Pennsylvania · 2003
  3. Stilp v. COM., GENERAL ASSEMBLYSupreme Court of Pennsylvania · 2009
  4. Commonwealth Ex Rel. Storb v. SchrollSupreme Court of Pennsylvania · 1960
  5. In Re StoutSupreme Court of Pennsylvania · 1989

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