Legal Opinion

Commonwealth v. Summerville

Supreme Court of Pennsylvania

Decided January 5, 1903No. Appeal, No. 130PublishedCited by 9 opinions

Appeal, No. 130, Oct. T., 1902, by plaintiffs, from order of C. P. Clarion Co., May T., 1902, No. 267, refusing a writ of mandamus in case of Commonwealth ex rel. W. J. McEntire and J. H. Elliott, Overseers of the Poor District of Clarion Borough, and John Japes and An-son Beatty, Overseers of the Poor of Edenburg Borough, and J. T. Reins el, District Attorney of Clarion County, v. J. A. Summerville, W. S. M. Fleming and J. S. Saxton, County Commissioners.

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Appeal, No. 130, Oct. T., 1902, by plaintiffs, from order of C. P. Clarion Co., May T., 1902, No. 267, refusing a writ of mandamus in case of Commonwealth ex rel. W. J. McEntire and J. H. Elliott, Overseers of the Poor District of Clarion Borough, and John Japes and An-son Beatty, Overseers of the Poor of Edenburg Borough, and J. T. Reins el, District Attorney of Clarion County, v. J. A. Summerville, W. S. M. Fleming and J. S. Saxton, County Commissioners. Petition for writ of peremptory mandamus. Before Wilson, P. J. The opinion of the Supreme Court states the case. Error assigned was order…

1Opinion of the Court

Opinion by

Mb. Justice Brown,

The appellants were the petitioners below for a writ of mandamus to compel the appellees, commissioners of the county of Clarion, to purchase real estate and erect buildings for the accommodation of the poor of that county and to furnish them relief and give them employment, in accordance with the provisions of the Act of June 4, 1879, P. L. 78. The writ was denied, for the reason that local acts relating to the erection of a poorhouse in the county had not, in the judgment of the court below, been repealed at the time proceedings were instituted under the act of…

2Cases cited2 opinions

  1. McCleary v. Allegheny CountySupreme Court of Pennsylvania · 1894
  2. Best v. Baumgardner, Eberman & Co.Supreme Court of Pennsylvania · 1888

3Cited by9 opinions

  1. Commonwealth v. BrownSupreme Court of Pennsylvania · 1904
  2. State v. PrestonOregon Supreme Court · 1922
  3. Graham v. PhiladelphiaSupreme Court of Pennsylvania · 1926
  4. Loyalsock Township RoadSuperior Court of Pennsylvania · 1904
  5. Tognazzini v. JordanCalifornia Supreme Court · 1913

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