Commonwealth ex rel. Alexovits v. Mamatey

Supreme Court of Pennsylvania
Commonwealth ex rel. Alexovits v. Mamatey, 257 Pa. 327 (Pa. 1917)
101 A. 731; 1917 Pa. LEXIS 737
Brown, Frazer, Izisker, Mestrezat, Mosci, Stewart

Commonwealth ex rel. Alexovits v. Mamatey

Opinion of the Court

Per Curiam,

The complaint of the appellants at the time this quo warranto proceeding was instituted was that the appellees were unlawfully holding offices, and the writ was invoked to oust them therefrom. On January 1, 1917, the term of the office to which each of them had been elected expired, and, when this appeal was argued, at a later *329date, the question involved was purely academic. The facts are either admitted or undisputed, but we could not enter judgment of ouster, for the reason stated, even if there were merit in appellants’ contention.

Judgment affirmed.

Reference

Cited By
4 cases
Status
Published
Syllabus
Appeals,- Supreme Court — Academic question — Quo warranto— Officers — Expiration of term. , Where on appeal from a judgment on a verdict for defendants in a quo warranto proceeding to test defendants’ right to hold office in a corporation, it appeared that the terms of defendants as such officers had expired, the judgment of the lower court was affirmed without regard to the merits, the question being merely academic.