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Supreme Court of Pennsylvania· 1/2/1912

Commonwealth v. Bennett

Citations

  • 233 Pa. 286
  • 82 A. 249
  • 1912 Pa. LEXIS 817

Syllabus

<p>Public officers — Incompatible offices — City of third class — Councilman — Registrar of vital statistics.</p> <p>1. The office of local registrar of vital statistics created by the Act of May 1,1905, P. L. 330, is incompatible with the office of councilman of a city of the third class.</p> <p>2. Under sec. 1 of art. IY of the Act of May 23, 1889, P. L. 277, relating to the government of cities of the third class, a member of councils forfeits his couneilmanic place if he continues to hold another and incompatible office.</p> <p>In such a case the court of common pleas has jurisdiction, in a quo warranto proceeding, to declare an ouster.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • after Bennett refused to resign from one of the incompatible offices, reasoning that the law declared “which … forfeiture is the true superior” between the two offices for purposes of entering a judgment of ouster

Source: CourtListener parenthetical corpus (CC0).

Judges: Brown, Elkin, Fell, Mestrezat, Moschzisker, Potter, Stewart

Read full opinion on CourtListener

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6 cases in this archive cite this case.

Cites

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