Commonwealth v. Rosseter
Supreme Court of Pennsylvania
IN this case Heatley, upon the following affidavit, obtained a rule to shew cause why a mandamus should not issue to the defendants, to restore James Corkrin to the possession of a pew in St. Mary's church.
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IN this case Heatley, upon the following affidavit, obtained a rule to shew cause why a mandamus should not issue to the defendants, to restore James Corkrin to the possession of a pew in St. Mary's church. “ James Corkrin being duly sworn &c. doth depose, that “ for the space of nearly twenty-five years he was in the “ peaceable possession of the pew No. SS, in St. Mary's “ church, for which the accustomed rent was paid up until “ the month of August 1808, when he and his family were “ dispossessed of said pew, by the order of the abovenamed “ trustees, by Mr. Joseph Snyder, styling himself…
1Opinion of the Court
The cause being argued on the last day of December term 1809, was held under advisement until this day.
Tilghman C. J.
This case arises on a rule on the'defendants to shew cause why a mandamus should not issue, commanding them to restore James Corkrin, to the possession of a pew in St. Mary’s church.
A mandamus is a remedy of a special nature, resorted to where a man has no other specific mode of relief. The complainant has not shewn a case of that kind. He says he has title to the pew in question. If so, he has a specific remedy by an action at common law against the person who disturbs him in…
2Cited by10 opinions
- People ex rel. Russell v. Inspectors & Agent of the State PrisonMichigan Supreme Court · 1856
- State ex rel. City of New Orleans v. New Orleans & Carrollton RailroadSupreme Court of Louisiana · 1885
- Phœnix Iron Co. v. Commonwealth ex rel. SellersSupreme Court of Pennsylvania · 1886
- Commonwealth ex rel. Thomas v. Commissioners of Allegheny CountySupreme Court of Pennsylvania · 1858
- James v. CommissionersSupreme Court of Pennsylvania · 1850
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