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1 Commonwealth of Pennsylvania Ex Relatione George W. Wunder, vs. Henry Styer. Supreme Court December Term, 1853, No. 72. Defendant's Paper Book Sur His Rule to Show Cause Why the Writ of Quo Warranto Should Not Be Quashed 1853

handle is hein.trials/adil0001 and id is 1 raw text is: THE COMMONWEALTH OF PENNSYLVANIA SUPREME COURT EX RELATIONE GEORGE W. WUNDER, DECEMBER TERM, vs. 1853, HENRY STYER. No. 72. DEFENDANT'S PAPER BOOK SUR HIS RULE TO SHOW CAUSE WFIY THE WRIT OF QUO WARRANTO SHOULD NOT BE QUASHED. STATEMENT. This is a writ of Quo Warranto directed to Henry Styer, to show by what authority he exercises the office of a Commissioner of Spring Garden, from First Ward. The writ issued at the suggestion of the relator, on motion to the court, without notice to respondent, and without a previous rule on him to show cause. A copy of said suggestion is appended (marked ./.) On December 24th, 1853, on motion of Counsel and Petition of Respondent filed, the court granted a rule on relator to show cause why the above writ should not be quashed. The petition of Henry Styer is also hereto appended (marked B.) Among other causes for quashing the writ, it assigns I. That the suggestion omits and suppresses the following matters most material for the proper determination of the case. Ist. The first section of the Act of Assembly, of February 15, 1834, conferring on the Board of Commissioners of Spring Garden, the power to examine the returns of their mem- bers elect, and be the judges thereof, and to confirm or set aside the same, and to order new elections, as the case may require. (Vide page 7.) 2nd. The reference of the subject to a Select Committee of five of said Commissioners, composed partly of the very members, who it is alleged, afterwards protested against action thereon: and the action, careful consideration and report of said committee. 3rd. That the Relator was heard both before the Committee and the Board, by his Counsel and friendly members of the Board.

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