State v. Miller-Wohl Co.

Terry, J.:

In discussing the jurisdiction of this Court relative to the first question involved, it is axiomatic that any interest sought to be secured or enforced by writ of mandamus must constitute a clear legal right existing in the relator at the time of the application. State v. Simmons, 3 Penn. 291, 50 A. 213. The writ will never issue in doubtful cases. Road Commissioners v. New Castle, 2 Penn. 466, 47 A. 374. Nor will the writ issue to enforce a right found to be in substantial dispute, or a right which is inchoate or prospective. 38 C. J. 582.

It is apparent that the problem involved…