Legal Opinion

Commonwealth Ex Rel. Brothers v. McDowell

Supreme Court of Pennsylvania

Decided March 22, 1948No. Appeal, 72PublishedCited by 4 opinions

1Opinion of the Court

Opinion by

Mr. Justice Drew,

TMs is an action of quo warranto brought by the Commonwealth of Pennsylvania, ex relatione Fred L. Brothers, District Attorney, against Rebecca McDowell, defendant (whose term as Controller of Fayette County had expired on January 5, 1948), for a decree directing her to cease and desist from exercising that office.

John R. Hoye was regularly elected Controller of Fayette County at the municipal election on November 4, 1947, for a period of four years commencing January 5, 1948, to succeed defendant, and a certificate of election was duly issued to him. On January 5,…

2Cases cited4 opinions

  1. Mosby v. ArmstrongSupreme Court of Pennsylvania · 1927
  2. Naill v. StateCourt of Criminal Appeals of Texas · 1910
  3. Bowers v. ReitzSupreme Court of Pennsylvania · 1934
  4. United States v. AdamsUnited States Circuit Court · 1885

3Cited by4 opinions

  1. Smith v. Board of Walla Walla County CommissionersCourt of Appeals of Washington · 1987
  2. Commonwealth ex rel. Toole v. YanoshakSupreme Court of Pennsylvania · 1975
  3. In re Nomination of HennesseyCommonwealth Court of Pennsylvania · 1992
  4. Incompatible Offices, Pennsylvania Office of the Attorney General1974

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