DeTurk v. Commonwealth

Citations

• 129 Pa. 151
• 18 A. 757
• 1889 Pa. LEXIS 938

Syllabus

<p>1. Under § 2, article XU. of tbe' constitution of Pennsylvania, the offices of postmaster and county commissioner are incompatible offices, although the legislature has not as yet declared them so to be.</p> <p>2. The titles to the two offices npt being from a common source, an acceptance of the office of county commissioner by one who holds an appointment as postmaster, does not create a vacancy in the latter office.</p> <p>3. But where a postmaster has accepted the office of county commissioner, and after proceedings on quo warranto begun, yet before answer filed, he resigns the former office, judgment of ouster as to the latter may not then be entered: Commonwealth v. Pyle, 18 Pa. 519, explained and distinguished.</p>