Commonwealth v. Conroy

Citations

• 267 Pa. 518
• 110 A. 166
• 1920 Pa. LEXIS 903

Syllabus

<p>Public officers — Borough councilman — Quo warranto — Mandamus — Testing right to office — Removal of councilman.</p> <p>Where a councilman of a borough is removed from his office of councilman by the borough council, and another person is elected to fill his place, such person is in office with a color of title and is a de facto councilman. If the former incumbent attacks such person’s right to occupy the office, he must do so by quo warranto proceedings, and not by mandamus.' If in quo warranto proceedings he establishes his right to the office, and the council refuses to admit him, he may then proceed by mandamus.</p>