Hayes v. Sturges

Citations

• 215 Pa. 605
• 64 A. 828
• 1906 Pa. LEXIS 858

Syllabus

<p>Equity — Jurisdiction—Waiver of jurisdiction — Public office — Quo warranto.</p> <p>While a bill in equity is not the proper proceeding to determine title to public office, yet if the parties waive the question of jurisdiction, and the court considers the case as if it had been brought before it by a writ of quo warranto, the appellate court will consider a decree awarding an injunction as equivalent to a judgment of ouster.</p> <p>Public officers — Boroughs—Councilmen—Act of June 1, 1883, P. L. 54.</p> <p>The Act of June 1, 1883, P. L. 54, relating to the classification of councilmen of boroughs applies to boroughs divided into wards.</p>