Stegmaier v. Jones
Supreme Court of Pennsylvania
Appeal, No. 108, Jan. T., 1902, by-plaintiff, from order of C. P. Luzerne County, Dec. T., 1902, No. 411, dismissing petition for mandamus in case of George J. Stegmaier v. John M. Jones, A. D. Hay and Patrick Finn, Commissioners of Luzerne County. Petition for mandamus.
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Appeal, No. 108, Jan. T., 1902, by-plaintiff, from order of C. P. Luzerne County, Dec. T., 1902, No. 411, dismissing petition for mandamus in case of George J. Stegmaier v. John M. Jones, A. D. Hay and Patrick Finn, Commissioners of Luzerne County. Petition for mandamus. Wheaton, J., stated the facts to be as follows: The inception of this proceeding was a petition alleged to have been in proper form as prescribed by the 7th section of the Act of May 5, 1899, P. L. 233, presented to the defendants prior to May 8, 1901. The prayer of the petitioners having been refused by the county…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
This is a petition by a private citizen' to compel the purchase by the county commissioners of certain bridges under the Act of May 5, 1899, P. L. 231. The duty of the commissioners under that act is a public one, and by the 4th section *50of the mandamus Act of June 8, 1893, P. L. 345, can only be enforced at the suit of the attorney general or the district attorney of the proper county, or on the general principles of the common law, by a private citizen having a specific and independent legal right or interest in himself, different from that of the public at…
2Cases cited2 opinions
- Commonwealth ex rel. Snyder v. MitchellSupreme Court of Pennsylvania · 1876
- Heffner v. Commonwealth ex rel. KlineSupreme Court of Pennsylvania · 1857
3Cited by39 opinions
- Dombrowski v. PhiladelphiaSupreme Court of Pennsylvania · 1968
- Wiley v. WoodsSupreme Court of Pennsylvania · 1958
- Commonwealth ex rel. Bell v. PowellSupreme Court of Pennsylvania · 1915
- Commonwealth v. BrownSupreme Court of Pennsylvania · 1904
- Dorris v. Lloyd (No. 1)Supreme Court of Pennsylvania · 1953
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