Commonwealth v. Bird
Superior Court of Pennsylvania
Appeal, No. 209, Oct. T., 1912, by defendants, from order of C. P. Bradford Co., May T., 1912, No. 410, awarding alternative writ of mandamus in case of Commonwealth ex rel. Dayton F. Ellsworth v. George N. Bird, Jesse L. Ellsworth and Miles E. Horton, Overseers of the Poor of Bradford County Poor District. Petition for mandamus. Error assigned was order awarding alternative writ of mandamus.
1Opinion of the Court
Opinion by
Morrison, J.,
The question involved in this appeal and raised by the single assignment of error is that the court below erred in *536awarding an alternative writ of mandamus requiring the defendant to pay a certain judgment recovered by the plaintiff against the defendant or show cause, etc.
The question first to be considered is the right of appeal from an order awarding an alternative mandamus. Such writ is, in substance, a rule to show cause why a mandatory writ of mandamus should not issue and we have not been referred to any act of assembly or controlling decision which allows an…
2Cases cited3 opinions
- Commonwealth ex rel. Pughe v. DavisSupreme Court of Pennsylvania · 1885
- Commonwealth v. Lackawanna Co., Pennsylvania Court of Common Pleas, Lackawanna County1890
- Supervisors of Saucon Township v. BrodheadSupreme Court of Pennsylvania · 1887