Commonwealth ex rel. v. Taylor

Citations

• 159 Pa. 451

Syllabus

<p>Quo warranto — Absence of pleadings — Ouster—Practice, C. P.</p> <p>On an appeal from a judgment of ouster, where the record shows a petition for quo warranto, and judgment of ouster without any intervening answer, plea, demurrer, or proceedings of any kind, there is such a patent defect of jurisdiction on the face of the record that the judgment will he reversed.</p> <p>School laws — School directors — Elections—Act of May 14, 1874.</p> <p>Under the act of May 14, 1874, § í, P. L. 160, which directs “the election of an equal number of councilmen and school directors in each of the wards,” a separate election must be held by each ward.</p> <p>Statutes — Repeal—Acts of May 14, 1874, § 4; May 10, 1878; Feb. 16, 18S3; May 13, 1889.</p> <p>Although the 4th section of the act of May 14, 1874, P. L. 160, is repealed by implication by the act of May 10,1878, P. L. 51, it is re-enacted by the subsequent acts of February 16, 1883, P. L. 5, and May 13, 1889, P. L. 193.</p> <p>Constitutional law — Amendment—Title—Punctuation—Act May 10,1878.</p> <p>Misplaced quotation marks in the title of an act will not vitiate the title when the sense is clear.. The court will make the proper change.</p> <p>The title of the act of Feb. 16, 1883, P. L. 5, as printed in the Pamphlet Laws is as follows: “A further supplement to the act approved the 14th day of May, A. D. 1874, entitled ‘An act to prescribe the manner in which the courts may divide boroughs into wards, and to provide for a ward representation upon school boards, in said boroughs.’ ” The court will properly punctuate the title so that it may read as follows: “A further supplement to the act approved the' 14th day of May A. D. 1874, entitled ‘ An act to prescribe the manner in which the courts may divide boroughs into wards,’ and to provide for award representation upon school boards in said boroughs.”</p> <p>The act of May 10, 1878, P. L. 51, does not violate art. 3, § 3, of the constitution, relating to titles of acts, nor a