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Commonwealth ex rel. Koontz, District Attorney, and Calhoun, Appellant, v. Dunkle.

Practice — Quo warranto — Private relator — Rule to show cause — Title to office — Chairman of county political committee — Public officers — Courts — Jurisdiction.

1. A private relator is not entitled to a writ of quo warranto as a matter of right without a previous rule to show cause. [494]

2. Quo warranto will not lie to determine who was elected to the office of chairman of a political county committee by the members of the committee. [494-8]

3. The county chairman of a political party is not a public officer. [495]

Argued December 4, 1946.

PER CURIAM, January 6, 1947:

The decree of the court below is affirmed on the opinion of President Judge WRIGHT. Costs to be paid by appellant.

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COMMONWEALTH EX REL. KOONTZ v. DUNKLE
(Jan 6, 1947)