Commonwealth v. Barker
Supreme Court of Pennsylvania
Appeal, No. 263, Jan. T., 1904, by plaintiff, from judgment of C. P. Lackawanna Co., Jan. T., 1905, No. 1661-2 in mandamus proceedings in case of Commonwealth ex rel. Firemen’s Relief Association v. Frank S. Barker, city treasurer, and M. T. Lavelle, city clerk of the City of Scranton. Mandamus against a city treasurer and city clerk.
Read the full summary
Appeal, No. 263, Jan. T., 1904, by plaintiff, from judgment of C. P. Lackawanna Co., Jan. T., 1905, No. 1661-2 in mandamus proceedings in case of Commonwealth ex rel. Firemen’s Relief Association v. Frank S. Barker, city treasurer, and M. T. Lavelle, city clerk of the City of Scranton. Mandamus against a city treasurer and city clerk. From the record it appeared that the petition was filed to compel payments of money under an ordinance of the City of Scranton which was as follows: “ Sec. 1. Be it ordained by the Select and Common Councils of the City of Scranton, that all such sums of money…
1Opinion of the Court
Opinion by
Mb. Chief Justice Mitchell,
The petition for mandamus asked for the writ against the city treasurer and the city clerk jointly. These officers, however, have separate duties and are in no wise responsible for each other. The writ asked for therefore was clearly ir-. regular, and could not be granted. But appellant has now with leave amended its petition and the subsequent proceedings by striking out the name of the city clerk, and electing to proceed against the city treasurer alone.
The ordinance in question was a valid and sufficient appropriation of the fund to the use of…
2Cases cited2 opinions
- Commonwealth v. WaltonSupreme Court of Pennsylvania · 1897
- Com. ex rel. Greene v. GreggSupreme Court of Pennsylvania · 1894
3Cited by29 opinions
- Mark v. Borough of HatboroCourt of Appeals for the Third Circuit · 1995
- Mark v. Borough of HatboroCourt of Appeals for the Third Circuit · 1995
- Tranter v. Alleghency County Co. AuthoritySupreme Court of Pennsylvania · 1934
- Retirement Board v. McGovernSupreme Court of Pennsylvania · 1934
- Commonwealth ex rel. Bell v. PowellSupreme Court of Pennsylvania · 1915
24 more not listed; retrieve them via the Exa API.