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LEE A. LEHMAN v. HARRY E. TUCKER (01/28/77)

decided: January 28, 1977.

LEE A. LEHMAN, APPELLANT,
v.
HARRY E. TUCKER



COUNSEL

Edward G. Petrillo, Warren, for appellant.

Philip F. Jacobus, Kane, for appellee.

Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy and Manderino, JJ. Nix, C. J., took no part in the consideration or decision of this case.

Author: O'brien

[ 470 Pa. Page 363]

OPINION OF THE COURT

On November 4, 1975, appellee, Harry E. Tucker, defeated appellant, Lee A. Lehman, the incumbent, for the office of Sheriff of Forest County. On January 16, 1976, appellant Lehman filed an action in quo warrantor, challenging the right of appellee Tucker to hold the office of sheriff.

The gravamen of appellant's complaint was that appellee did not meet the residency requirements for county

[ 470 Pa. Page 364]

    officers as set forth in the County Code,*fn1 and, therefore, appellant, as the incumbent, pursuant to Article 9, ยง 4, of the Pennsylvania Constitution, would remain in office until a successor could be both elected and "duly qualified."

On February 19, 1976, appellee filed preliminary objections raising the defense that appellant lacked standing to maintain this action in quo warrantor.

On March 31, 1976, the court below sustained appellee's preliminary objections and dismissed the action in quo warrantor. Appellant filed exceptions to this order, and on May 19, 1976, the court below entered its final order dismissing the action in quo warrantor because appellant lacked standing to bring an action in quo warrantor. This appeal followed.

Appellant argues that he has the standing to maintain an action in quo ...


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