Commonwealth v. Straus

Citations

• 32 Pa. Super. 389
• 1907 Pa. Super. LEXIS 19

Syllabus

<p>Quo warranto — Title of office — Corporations.</p> <p>The second section of the Act of June 14, 1836, P. L. 621 makes the writ of quo warranto the appropriate remedy when any question arises concerning the exercise of an office in any corporation created by authority of law and having its chief place of business within the county. It is the specific statutory method of determining the right of one claiming to exercise an office in such corporation so to do.</p> <p>The eighth section of the Act of April 29, 1874, P. L. 73, was not intended to repeal or be a substitute for any of the provisions of the Act of June 14, 1836, P. L. 621. It is therefore not necessary in order to obtain a writ of quo warranto to test the title to office in a corporation of a person alleged to have been illegally elected that five stockholders imite in the petition. The object of the act of 1874, was wholly to set aside an invalid election. The act of 1836, was intended merely to provide a method by which title to an office may be inquired into through a writ of quo warranto such as might be issued at the suggestion of a single individual.</p>