Drexel v. Man
Supreme Court of Pennsylvania
UPON the petition and affidavit of the plaintiff in error, this court granted a rule upon Judge Stroud, of the District Court for the city and county of Philadelphia, to show cause why a mandamus should not issue to him, commanding him to sign the bill of exceptions tendered to him by the counsel for the plaintiff in error, containing a general exception to the whole of the charge of said Judge, and the charge itself in extenso.
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UPON the petition and affidavit of the plaintiff in error, this court granted a rule upon Judge Stroud, of the District Court for the city and county of Philadelphia, to show cause why a mandamus should not issue to him, commanding him to sign the bill of exceptions tendered to him by the counsel for the plaintiff in error, containing a general exception to the whole of the charge of said Judge, and the charge itself in extenso. On the return of the rule, the learned Judge put in the following answer: This respondent, by protestation, not owning or allowing any of the matters of the petition…
1Opinion of the Court
*397The opinion of the Court was delivered by
Gibson, C. J.
It is sffange that the writ of mandamus should still be supposed to give remedy in a case like the present. It is true that it does so in New York, as appears by The People v. The Judges of Washington County, (2 Caines’ R. 97), the secret of which is, that the matter is regulated there by a particular statute of the state. I have seen no case, English or American, which indicates that it may be used for the purpose as a prerogative writ. In England it certainly may not; for we are told by Lord Coke, (2 Inst. 426), that the proper remedy is…
2Cases cited7 opinions
- Commonwealth ex rel. Griffith v. CochranSupreme Court of Pennsylvania · 1812
- Commonwealth ex relatione Leslie v. County CommissionersSupreme Court of Pennsylvania · 1835
- Commonwealth v. RosseterSupreme Court of Pennsylvania · 1810
- Commonwealth v. Judges of Common PleasSupreme Court of Pennsylvania · 1810
- Kolb's CaseSupreme Court of Pennsylvania · 1835
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3Cited by4 opinions
- Commonwealth v. DonnellySuperior Court of Pennsylvania · 1909
- Mills v. BuchananSupreme Court of Pennsylvania · 1850
- Birmingham Fire Insurance v. Commonwealth ex rel. KuehneisenSupreme Court of Pennsylvania · 1879
- Commonwealth v. HultzSupreme Court of Pennsylvania · 1847