Walthour v. McDowell

Opinion by

Stadtfeld, J.,

This is an appeal by plaintiff from the decree of the lower court refusing a writ of peremptory mandamus, and vacating the alternative, writ of mandamus and quashing the writ in a petition of D., Taylor Walt-hour against Garfield A. McDowell, county controller of Westmoreland County. The facts are undisputed and are correctly set forth in the opinion of the lower court, Copeland, P. J., concurred in by Whitten and Dom, JJ., from which we quote: “The plaintiff in this case, D. Taylor Walthour, on March 10,1932, presented his petition to this court setting forth that he…