COMMONWEALTH EX REL. SCHWARTZ v. KOPACK


81 Pa. D. & C. 555 (1952)

Commonwealth ex rel. Schwartz v. Kopack

Common Pleas Court of Luzerne County, Pennsylvania.

January 23, 1952.


Attorney(s) appearing for the Case

E.C. Marianelli, for Commonwealth.

Lewis Crisman, for defendant.

Before Valentine, P.J., Aponick and Flannery, JJ.


VALENTINE, P.J., January 23, 1952.

This quo warranto proceeding challenges the right of defendant, Joseph Kopack, to hold and occupy the office of Burgess of Pringle Borough. Defendant claims title to the office by virtue of his alleged appointment by the members of the borough council to fill a vacancy caused by the resignation of William Connolly.

The complaint sets forth that the action of the council in appointing defendant is illegal for the reason that...

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