Com'lth ex rel. Ryan v. Haeseler

Citations

• 161 Pa. 92
• 28 A. 1014
• 1894 Pa. LEXIS 639

Syllabus

<p>Public officers — Incompatible office — School treasurer — School director— Act of Feb. 17, 1859.</p> <p>In the county of Schuylkill the same person cannot, under the act of Feb. 17, 1859, P. L. 51, hold at the same time the offices of school treasurer and school director.</p> <p>Quo warranto — Court of common pleas — Jurisdiction.</p> <p>The court of - common pleas has jurisdiction by quo -warranto to determine whether the offices of school treasurer and school director are incompatible.</p> <p>Incompatible offices — Election by incumbent.</p> <p>Where a person holds two incompatible offices he has the right to elect which of the two he shall retain. If he make such election the court in quo warranto proceedings will enter judgment of ouster in accordance with the election. If he neglects or refuses to make election, judgment will be entered in accordance with the petition of the relator.</p>