Commonwealth ex rel. Fuehrer v. Grim

Citations

• 255 Pa. 40
• 99 A. 156
• 1916 Pa. LEXIS 523

Syllabus

<p>Quo warranto — Judgment—Examination- of issues not raised by pleadings — Invalid judgment. *</p> <p>1. A judgment not responsive to the pleading will on appeal he reversed.</p> <p>2. A suggestion for a writ of quo warranto was filed requiring respondents to show by what warrant they held certain offices in a subordinate incorporated 'council of a beneficial association. It appeared that the relators were officers in an unincorporated subordinate council of the same name, which had received a charter from the parent body; that the members of the incorporated body had separated from the parent party and obtained a charter from the Court of Common’Pleas, and no longer owed any allegiance to the parent party, although they retained certain property of a former council whose charter had been revoked. The lower court entered judgment against the respondents as officers of the unincorporated council. Held, that the judgment was not responsive to the issues raised by the pleading, which was whether relators were entitled to office in the incorporated body, and the judgment was reversed.</p>