Legal Opinion

Nicely v. Raker

Supreme Court of Pennsylvania

Decided July 3, 1915No. Appeal, No. 179PublishedCited by 9 opinions

Appeal, No. 179, January T., 1915, by respondent, from judgment of C. P. Northumberlánd Co., May T., 1915, No. 328, awarding mandamus, in case of Woods M. Nicely v. Aaron Raker, Controller of Northumberland County. Petition for mandamus. Demurrer to return to writ of alternative mandamus. Before Cummings, P. J. The opinion of the Supreme Court states the facts. The court • sustained the demurrer and entered judgment for plaintiff. Defendant appealed.

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Appeal, No. 179, January T., 1915, by respondent, from judgment of C. P. Northumberlánd Co., May T., 1915, No. 328, awarding mandamus, in case of Woods M. Nicely v. Aaron Raker, Controller of Northumberland County. Petition for mandamus. Demurrer to return to writ of alternative mandamus. Before Cummings, P. J. The opinion of the Supreme Court states the facts. The court • sustained the demurrer and entered judgment for plaintiff. Defendant appealed. Error assigned was in awarding the mandamus.

1Opinion of the Court

Opinion by

Mr. Justice Frazer,

The Court of Common Pleas of Northumberland County under the provisions of the Act of May 26, 1891, P. L. 129, 4 Purd. 4064, entered a decree authorizing and directing a change in the mode of indexing deeds in the recorder’s office of that county, by making and preparing a new system of indexes in accordance with a new and modern plan, directing necessary material, supplies and books to be purchased, at the expense of the county, on the order of the recorder of deeds, and authorizing and empowering that officer “to enter into a contract with a suitable and…

2Cases cited3 opinions

  1. Commonwealth ex rel. Century Co. v. City of PhiladelphiaSupreme Court of Pennsylvania · 1896
  2. Commonwealth v. GeorgeSupreme Court of Pennsylvania · 1892
  3. Johnson v. State Board of Veterinary Medical ExaminersSuperior Court of Pennsylvania · 1911

3Cited by9 opinions

  1. Schaeffer v. FreySuperior Court of Pennsylvania · 1991
  2. Commonwealth v. TiceSupreme Court of Pennsylvania · 1922
  3. Thayer v. McCaslin, ControllerSupreme Court of Pennsylvania · 1934
  4. Commonwealth of Pa. Ex Rel. v. IrvinSuperior Court of Pennsylvania · 1933
  5. Custer v. GlessnerSuperior Court of Pennsylvania · 1917

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