Douglas v. McLean
Superior Court of Pennsylvania
Appeal, No. 24, Jan. T., 1904, by defendant, from order of C. P. Luzerne Co., Feb. T., 1903, No. 176, sustaining demurrer to return by writ of mandamus in case of Charles E. Douglas v. George R. McLean, Controller of Luzerne County. Petition for mandamus.
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Appeal, No. 24, Jan. T., 1904, by defendant, from order of C. P. Luzerne Co., Feb. T., 1903, No. 176, sustaining demurrer to return by writ of mandamus in case of Charles E. Douglas v. George R. McLean, Controller of Luzerne County. Petition for mandamus. From the petition it appeared that the respondent refused to approve of the bills of the petitioner for fees.' The return to the writ was as follows: George R. McLean, the above named defendant, controller of Luzerne county, being duly sworn, doth depose and say, that as controller of said county it was his duty, under section 8 of the act,…
1Opinion of the Court
Opinion by
Orlady, J.,
The remedy by mandamus is a strictly legal one, and the decisions require that the applicant must establish a specific legal right as well as a want of a specific legal remedy, and also that the writ will be granted only in extraordinary cases: Com. v. Commrs. of Allegheny County, 16 S. & R. 317; Com. v. Henry, 49 Pa. 530; Com. v. Thomas, 163 Pa. 446. The existence of an equitable remedy is not a sufficient ground for refusing mandamus. 'It is the purpose of the writ to be a suppletory means of substantial justice in every case where there is no other specific legal…
2Cases cited10 opinions
- Commonwealth ex rel. Century Co. v. City of PhiladelphiaSupreme Court of Pennsylvania · 1896
- Commonwealth v. GeorgeSupreme Court of Pennsylvania · 1892
- Phœnix Iron Co. v. Commonwealth ex rel. SellersSupreme Court of Pennsylvania · 1886
- Commonwealth ex rel. Vandyke v. HenrySupreme Court of Pennsylvania · 1865
- In re the Prospect Brewing Co.Supreme Court of Pennsylvania · 1889
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