Commonwealth v. Commissioners of Philadelphia
Supreme Court of Pennsylvania
On the 26th of January 1837, a rule was granted on the Commissioners of the county of Philadelphia, requiring them to show-cause why a mandamus should not issue, commanding them to draw warrants on the county treasurer for damages due to Thomas Hewitt and Norris Stanley, on the opening of Leonard street or M‘Ginnis Court, and Carbon street; which rule was founded on the following affidavits.
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On the 26th of January 1837, a rule was granted on the Commissioners of the county of Philadelphia, requiring them to show-cause why a mandamus should not issue, commanding them to draw warrants on the county treasurer for damages due to Thomas Hewitt and Norris Stanley, on the opening of Leonard street or M‘Ginnis Court, and Carbon street; which rule was founded on the following affidavits. “ Henry M. Phillips being duly sworn, doth say, that on the twentieth day of January 1837, he presented to the Commissioners of the county of Philadelphia, (all three being present,) an order drawn by the…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The return by the defendants on oath, that there is not at this time in the county treasury, nor was there at the time of the application of these relators, any funds applicable to such orders, the whole balance then in the treasury being demanded for current expenses and otherwise specifically appropriated, is a sufficient answer to the request for a present mandamus to the defendants to pay the amount of these claims. This principle was decided very recently in the case of Comm’lth ex rel. Price v. The County Commissioners, (1 Whart. 1);…
2Cases cited1 opinion
- Commonwealth ex rel. Price & Roberts v. Commissioners of PhiladelphiaSupreme Court of Pennsylvania · 1835
3Cited by2 opinions
- City of Little Rock v. United States ex rel. HowardCourt of Appeals for the Eighth Circuit · 1900
- Gress' AppealSupreme Court of Pennsylvania · 1850