Commonwealth v. Kelly
Supreme Court of Pennsylvania
Appeal, No. 169, Jan. T., 1914, by respondent, from judgment of C. P. Luzerne Co., March T., 1914, No. 309, of ouster, in quo warranto proceedings, in case of Commonwealth of Pennsylvania Ex Relatione, John H. Bigelow, District Attorney, v. W. T. Kelly. Suggestion for writ of quo warranto. Before Fuller, P. J. The opinion of the Supreme Court states the facts.
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Appeal, No. 169, Jan. T., 1914, by respondent, from judgment of C. P. Luzerne Co., March T., 1914, No. 309, of ouster, in quo warranto proceedings, in case of Commonwealth of Pennsylvania Ex Relatione, John H. Bigelow, District Attorney, v. W. T. Kelly. Suggestion for writ of quo warranto. Before Fuller, P. J. The opinion of the Supreme Court states the facts. The respondent filed an answer to which the Commonwealth demurred; the court sustained the demurrer and entered judgment for the Commonwealth. Bespondent appealed. Error assigned was the judgment of the court.
1Opinion of the Court
Opinion by
Mr. Chief Justice Brown,
The Act of June 12, 1913, P. L. 499, abolishes borough auditors and substitutes a controller for them in all boroughs accepting its provisions. Those material in this proceeding are: “The qualified electors of every borough in this Commonwealth shall, at the municipal election held in November, one thousand nine hundred and thirteen, and every four years thereafter, elect a borough controller,” and “this act shall not become operative or effective in any boroughs until the council of any borough shall, by ordinance duly passed, accept the provisions hereof.”…
2Cases cited7 opinions
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- Shaw v. WilliamsIndiana Supreme Court · 1882
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