Councils of Reading v. Commonwealth
Supreme Court of Pennsylvania
Writ of error to the Common Pleas of Berks. June 21. This was an application to the court below for a writ of mandamus, based upon a petition signed by Charles Bitchthorn and Andrew M. Dehart, setting forth, that by the 9th section of an act of Assembly, passed March 16, 1847, the select and common councils of the city of Reading were empowered to open and keep open the streets, lanes, and alleys of said city; that there was a street in said city, called South 3d street,…
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Writ of error to the Common Pleas of Berks. June 21. This was an application to the court below for a writ of mandamus, based upon a petition signed by Charles Bitchthorn and Andrew M. Dehart, setting forth, that by the 9th section of an act of Assembly, passed March 16, 1847, the select and common councils of the city of Reading were empowered to open and keep open the streets, lanes, and alleys of said city; that there was a street in said city, called South 3d street, which had been long since laid out as a public street, of the width of 60 feet, which street it was the duty of councils to…
1Opinion of the Court
The opinion of this court was delivered by
Gibson, C. J.
As there is one conclusive point in the cause, it *201might be unnecessary to consider ' any other. A mandamus, though a prerogative writ and demandable of right in a proper case, is justly said to be grantable at discretion. Hence it is that it is to be invoked only in cases of the last necessity: not where there is another effectual remedy. The principle is a clear one, and abundantly sustained, not only by the English authorities, but by the decisions of this court. Is there not then a specific remedy equally potent to which these relators…
2Cited by11 opinions
- Pumphrey v. Mayor of BaltimoreCourt of Appeals of Maryland · 1877
- Waters v. SamuelSupreme Court of Pennsylvania · 1951
- Commonwealth v. WilkinsSupreme Court of Pennsylvania · 1922
- Gold v. Bldg. Com. of Warren Boro.Supreme Court of Pennsylvania · 1939
- Commonwealth v. JamesSupreme Court of Pennsylvania · 1906
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