Citation Numbers: 47 Pa. 103
Judges: Thompson, When, Woodward
Filed Date: 3/21/1864
Status: Precedential
Modified Date: 2/17/2022
The opinion of the court was delivered, by
The complainant below mistook the remedy for testing the rights of the several persons claiming to be borough officers, under the appointment of the borough council, on the 15th of June last. Quo warranto is the specific statutory remedy for such a case. But it is alleged that the appointees had not entered upon, or exercised, or attempted to exercise, the duties of their offices when the bill was filed. If that be so, it only
The decree of the Common Pleas is now reversed, and the bill of complaint is dismissed at the costs of the appellee, including the costs of the appeal.