Commonwealth v. Denworth

Citations

• 145 Pa. 172
• 22 A. 820
• 1891 Pa. LEXIS 662

Syllabus

<p>1. A suggestion for a quo warranto, averring that the defendant is using and exercising the office of city recorder, “ under color” of certain statutes, “without warrant or lawful authority therefor,” and the answer averring that by the terms of the statutes the defendant became and was entitled to hold the office, sufficiently raises the constitutionality of the enactments.</p> <p>2. The act of March 24, 1877, P. L. 47, and its supplements ( acts of May 1, 1879, P. L. 44, and February 14, 1881, P. L. 6), are unconstitutional, as violative of § 7, article III. of the constitution; because, whethei they shall apply to a city of the class described is dependent on the contingency of the action of its municipal officers: Scranton School D.’s App., 113 Pa. 176.</p>