Commonwealth ex rel. Swartz v. Wickersham
Supreme Court of Pennsylvania
Mandamus at the relation of George Swartz against J. P. Wickersham, State Superintendent of Common Schools. On the Bd of May 1870 George Swartz presented a petition to the Supreme Court, setting forth the meeting of the school directors of Cumberland county in convention, on the 4th of May 1869 ; that he was elected county superintendent as set forth in his petition, and that it was so certified by the officers of the convention to tbe respondent; — the certificate was…
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Mandamus at the relation of George Swartz against J. P. Wickersham, State Superintendent of Common Schools. On the Bd of May 1870 George Swartz presented a petition to the Supreme Court, setting forth the meeting of the school directors of Cumberland county in convention, on the 4th of May 1869 ; that he was elected county superintendent as set forth in his petition, and that it was so certified by the officers of the convention to tbe respondent; — the certificate was appended to the petition; —and that the respondent refused to commission him as county superintendent. He prayed for a…
1Opinion of the Court
The opinion of the court was delivered, July 7th 1870, by
Sharswood, J.
— It is not necessary to consider and determine whether the only proper remedy of the relator is not by a writ of quo warranto against the actual incumbent of the office which he claims. Conceding that a mandamus lies, we think that upon the facts admitted by the demurrer he has no title to a commission as county superintendent of Cumberland county.
It is undoubtedly necessary before the state superintendent can be required to issue a commission to any person as a county superintendent, that the president and secretary of…
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