Commonwealth ex rel. Roney v. Warwick
Supreme Court of Pennsylvania
Appeal, No. 39, Jan. T., 1896, by-defendants, from judgment of C. P. No. 3, Phila. Co., March T., 1895, No. 1273, for plaintiff on petition for mandamus. Mitchell, J., dissents. Petition for mandamus.
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Appeal, No. 39, Jan. T., 1896, by-defendants, from judgment of C. P. No. 3, Phila. Co., March T., 1895, No. 1273, for plaintiff on petition for mandamus. Mitchell, J., dissents. Petition for mandamus. From the record it appeared that on February 21, 1893, John Taylor was elected receiver of taxes of the city of Philadelphia for a term of three years, commencing the first Monday of April, 1893. Taylor died on January 5, 1895. On January 9, 1895, the select and common councils, in joint session, elected William J. Roney, the relator, receiver of taxes to fill the vacancy caused by the death of…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
It was unavoidable in their earlier administration that conflict should have arisen between the legislative and judicial branches of our government. The form of government was new, and the exact limitations of duty and power were imperfectly understood. Even their co-ordination of power was doubted by some: Eakin v. Raub, 12 S. & R. 330; and the feeble resistance offered by the judiciary naturally encouraged encroachments by the legislature. The mischief which resulted *144became so great that this court was compelled in Norman v. Heist, 5 W. & S. 171, and…
2Cases cited11 opinions
- De Chastellux v. FairchildSupreme Court of Pennsylvania · 1850
- Norman v. HeistSupreme Court of Pennsylvania · 1843
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- In re East Grant StreetSupreme Court of Pennsylvania · 1888
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3Cited by11 opinions
- Bailey v. WatersSupreme Court of Pennsylvania · 1932
- Philadelphia AppealSupreme Court of Pennsylvania · 1956
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- Richardson v. FitzgeraldSupreme Court of Iowa · 1906
- Cutrona v. Mayor of WilmingtonSupreme Court of Delaware · 1924
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