Commonwealth v. Zalewski
Commonwealth v. Zalewski
Opinion of the Court
Opinion by
This proceeding was instituted to oust the appellee
Judgment affirmed.
Reference
- Full Case Name
- Commonwealth ex rel. v. Zalewski
- Status
- Published
- Syllabus
- Municipalities — Counties—Boroughs—Councilmen, Act of May U'h 1915, P. L. 812, Chapter 7, Article I, Section 2 — Quo warranto. 1. Section 2 of Article I, of Chapter VII of the Borough Act of May 14, 1915, P. L. 312, designating a judge, justice of the peace of the county or burgess of the borough, when he is qualified, as the officer before whom a borough councilman’s oath of office “may be taken” is directory or permissive, not mandatory, and the oath may he taken before a notary public. • 2. Where a suggestion for. a writ of quo warranto to oust a borough councilman from office alleged that he had never been properly-qualified because he had taken the oath of office before a notary public, and hot before one of the officers designated by the said Act of 1915, a demurrer to the suggestion was properly sustained.