Supreme Court of Pennsylvania December 15, 1841 (Commonwealth v. Primrose)

Per Curiam.

The ground on which the legality of the respondent’s commission is impugned, is that the office was not vacant when he was appointed to fill it; and consequently that his commission is void. But that material fact is conceded by the relator’s demurrer to the respondent’s first plea, in which the existence of the vacancy is explicitly averred.