Public-domain · open source
OpenJurist

217 Pa. 534

Commonwealth v. Roop

Supreme Court of Pennsylvania

Decided April 22, 1907

Supreme Court of Pennsylvania · decided 1907-04-22

<p>Appeal, No. 217, Jan. T., 1906, by plaintiffs, from order of C. P. No. 1, Phila. Co., March T., 1906, No. 2,237, quashing writ of quo warranto in case of Commonwealth ex rel. v. Charles O. Roop, Walter Bowditch, Thomas J. Burns, A. L. Dewees, Owen B. Jenkins and J. George Mollenkof.</p>

Reversed · Decided 1907-04-22

¶1Opinion by

Mr. Justice Elkin,

¶2The learned court below on motion quashed -the suggestion for a writ of quo warranto filed by the relators, requiring the respondents to show by what warrant they claim the right to have, use and enjoy respectively-the offices of president, treasurer, tax collector, delinquent tax collector, solicitor and undertaker, being managers and officers for the relief and employment of the poor of the township of Germantown. For the reasons stated in the opinion just handed down in Commonwealth ex rel. v. Bowditch, ante, p. 527, the assignments of error are sustained.

¶3Decree reversed, suggestion for writ of quo warranto reinstated, with leave to the respondents to answer over, in order that the parties may have a hearing on the merits so that all the questions involved may be determined in accordance with the opinion handed down in that case.

/217/pa/534 · .json · Public domain