Kell v. Rudy
Superior Court of Pennsylvania
Appeal, No. 5, March T., 1896, by defendant, from decree of C. P. Huntingdon Co., awarding peremptory mandamus against S. G. Rudy, county superintendent of Huntingdon county. Petition for mandamus on S. G. Rudy, county superintendent, to show cause.
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Appeal, No. 5, March T., 1896, by defendant, from decree of C. P. Huntingdon Co., awarding peremptory mandamus against S. G. Rudy, county superintendent of Huntingdon county. Petition for mandamus on S. G. Rudy, county superintendent, to show cause. The petition alleged that the petitioner was by occupation and profession a school teacher and had been successfully engaged in teaching in said county and elsewhere for ten years, to the satisfaction of the pupils, parents and citizens. That his services were desired in the school district of Cromwell township, that he had applied for a…
1Opinion of the Court
Opinion by
Rice, P. J.,
The act of June 8, 1893 (P. L. 345), provides that if the petition presents the substance of a case for mandamus, the court shall direct that such writ issue in the alternative form : “ Provided, however, that if the right to require the performance of the act is clear, and it is apparent that no valid excuse can be given for not performing it, a peremptory mandamus may be awarded in the first instance and directed to issue forthwith.” This is not a case where it was apparent, on the face of the petition, that no valid excuse for not performing the act could be given;…
2Cases cited22 opinions
- Commonwealth ex rel. Snyder v. MitchellSupreme Court of Pennsylvania · 1876
- Hysong v. Gallitzin Borough School DistrictSupreme Court of Pennsylvania · 1894
- Dechert v. Commonwealth ex rel. SmartSupreme Court of Pennsylvania · 1886
- McCrea v. Pine Tp. School Dist., Pennsylvania Court of Common Pleas, Alleghany County1891
- Roth v. MarshallSupreme Court of Pennsylvania · 1893
17 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Commonwealth ex rel. Attorney General v. MathuesSupreme Court of Pennsylvania · 1904
- Williamsport v. Citizens' Water & Gas Co.Supreme Court of Pennsylvania · 1911
- Douglas v. McLeanSuperior Court of Pennsylvania · 1904
- Commonwealth ex rel. v. PhiladelphiaSupreme Court of Pennsylvania · 1922
- Cain, Admrx. v. StuckerSuperior Court of Pennsylvania · 1946
5 more not listed; retrieve them via the Exa API.