Commonwealth ex rel. Middleton v. Commissioners
Supreme Court of Pennsylvania
Mandamus. — This was an alternative mandamus issued out of the Supreme Court, in the name of the Commonwealth of Pennsylvania, on the relation of E. P. Middleton against the Commissioners of Allegheny county, commanding them to assess and levy a tax to provide for the payment of the interest upon bonds issued by the said county, in payment of its subscription to the capital stock of the “ Chartiers Valley Railroad Company.”
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Mandamus. — This was an alternative mandamus issued out of the Supreme Court, in the name of the Commonwealth of Pennsylvania, on the relation of E. P. Middleton against the Commissioners of Allegheny county, commanding them to assess and levy a tax to provide for the payment of the interest upon bonds issued by the said county, in payment of its subscription to the capital stock of the “ Chartiers Valley Railroad Company.” The writ was issued while the court was in session in the Eastern District of the Commonwealth, and set forth the incorporation and organization of the Chartiers Valley…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, J.
— The numerous and technical exceptions taken
to the relator’s writ, and to the form of remedy he seeks, were so fully answered in Thomas’s Case, 8 Casey 218, and Hamilton’s Case, 10 Casey 496, that it would be a vain repetition to go over them again; and I dismiss them all by referring to those two reports, and come at once to the matters set forth in the return which the commissioners have made to the alternative mandamus issued at the instance of the relator.
1. It is objected that the writ was issued out of this court whilst it was…
2Cited by8 opinions
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- Williamsport v. Citizens' Water & Gas Co.Supreme Court of Pennsylvania · 1911
- In re the Prospect Brewing Co.Supreme Court of Pennsylvania · 1889
- Tucker v. HerbertCourt of Appeals for the Sixth Circuit · 1912
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