Commonwealth ex rel. Norbury v. Commissioners of Philadelphia
Supreme Court of Pennsylvania
RULE to shew cause why a mandamus shodld not issue, commanding the defendants to draw an order in favour of Joseph B. Norbury, esq. late Prothonotary of the Court 0f Common Pleas of Philadelphia county, for four dollars, for fees claimed by him as Prothonotary, in the case of The Com. monwealth for the.use of the Commissioners of Philadelphia County v. Joseph Conover. ' In the year 1818, Mr. Norbury was commissioned Pro- ' thonotary of the Court of Common Pleas of…
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RULE to shew cause why a mandamus shodld not issue, commanding the defendants to draw an order in favour of Joseph B. Norbury, esq. late Prothonotary of the Court 0f Common Pleas of Philadelphia county, for four dollars, for fees claimed by him as Prothonotary, in the case of The Com. monwealth for the.use of the Commissioners of Philadelphia County v. Joseph Conover. ' In the year 1818, Mr. Norbury was commissioned Pro- ' thonotary of the Court of Common Pleas of Philadelphia county. On the 24th March, 1818, an Act of Assemblyon was passed, (Purd. Dig. 230,) by which it was enacted, that “…
1Opinion of the Court
Duncan J
This is a rule on the Commissioners to shew cause why a mandamus should not be issued against them, compelling them to draw their order on the County Treasurer for the sum of four dollars, accrued to the relator as Prothonotary, on a suit on a forfeited recognisance, which had been sued in the name of the Commonwealth, for the use of the County Commissioners, but which had never been collected, and could not be collected.
The case of the relator presents a claim of much equity; On principles of natural justice, every one who performs services, at the request and for the benefit of…
2Cases cited1 opinion
- Respublica v. CobbetSupreme Court of Pennsylvania · 1798
3Cited by1 opinion
- Commonwealth v. DennistonSupreme Court of Pennsylvania · 1839