Legal Opinion

Commonwealth ex rel. Lehman v. Sutherland

Supreme Court of Pennsylvania

Decided April 7, 1817PublishedCited by 5 opinions

Quo Warranto. THIS was a rule to shew cause, why leave should not be granted to file an information in nature of a quo warranto, against Joel B. Sutherland, at the relation of George F. Lehman, to enquire by what authority the said Joel B. Sutherland exercised the office of Lazaretto physician, for the port of Philadelphia.

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Quo Warranto. THIS was a rule to shew cause, why leave should not be granted to file an information in nature of a quo warranto, against Joel B. Sutherland, at the relation of George F. Lehman, to enquire by what authority the said Joel B. Sutherland exercised the office of Lazaretto physician, for the port of Philadelphia. The question turns upon the legality of .the commission issued to Dr. Lehman by Governor Snyder, and involves the decision of the constitutional powers of the Governor to remove an officer at his discre tion, where the law prescribes a particular mode of removal. Dr.…

1Opinion of the Court

Tilghman C. J.

Rule to shew cause why leave should not be given to file an information in nature of a quo warranto against Dr. Joel B. Sutherland,, at the relation of Dr. George F. Lehman, to inquire by what authority,, the said Joel B. Sutherland exercises the office of Lazaretto physician of the port of Philadelphia.

Dr. Sutherland has appeared by his counsel, and shewn' cause against the filing of an information, viz. that he exer-' cises the office, under a commission from the Governor of Pennsylvania, dated 1st May, 1816, whereby he was appointed to this office, to hold the same, “ until…

2Cases cited1 opinion

  1. Commonwealth v. FowlerMassachusetts Supreme Judicial Court · 1813

3Cited by5 opinions

  1. Keenan v. PerryTexas Supreme Court · 1859
  2. Jiménez v. ReilySupreme Court of Puerto Rico · 1922
  3. Commonwealth ex rel. Bache v. BinnsSupreme Court of Pennsylvania · 1828
  4. McDougal v. GuigonSupreme Court of Virginia · 1876
  5. Officers of the United States Within the Meaning of the Appointments Clause, Department of Justice Office of Legal Counsel2007

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