Commonwealth v. Kane

O’Toole, J.,

The Commonwealth of Pennsylvania filed this bill in equity apparently seeking a mandatory injunction against the county officials named in the caption to compel the return of excess fees collected by the prothonotary and turned in to the county treasurer. It is probable that defendants should have filed preliminary objections on the grounds that the remedy, if any, was mandamus. However, since *459the county commissioners filed an answer, which was adopted by the other defendants, the matter was submitted on the bill and answer without testimony on either side. Since the filing of the…