Commonwealth v. Wickersham
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Dauphin county: Of May Term 1879. No. 29. This was a petition for a mandamus, filed by Jeremiah E. Hawker, which set forth, in substance, that the petitioner had been elected, commissioned and served as the county superintendent of schools of Wayne county, and borough superintendent of common schools for Hyde Park in Lackawanna county; that being thus qualified the petitioner was, on June 29th 1878, elected city superintendent of common…
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Error to the Court of Common Pleas of Dauphin county: Of May Term 1879. No. 29. This was a petition for a mandamus, filed by Jeremiah E. Hawker, which set forth, in substance, that the petitioner had been elected, commissioned and served as the county superintendent of schools of Wayne county, and borough superintendent of common schools for Hyde Park in Lackawanna county; that being thus qualified the petitioner was, on June 29th 1878, elected city superintendent of common schools of the city of Scranton, for the term of three years ; that a return of said election was duly filed, July 16th…
1Opinion of the Court
The judgment of the Supreme Court was entered
2Per curiam
Upon the question of the jurisdiction of the Court of Common Pleas of Dauphin county to issue a mandamus to a state officer, we adopt the opinion of the learned president of the court below.
Apart' from this question, we think, even if the court had jurisdiction, the relator did not show himself entitled to the mandamus for which he prayed. It is true, that by the Act of April 9th 1867, it was provided that serving as county, city or borough superintendent shall be deemed a sufficient test of qualification, but the act also provides that, if upon…
3Cited by9 opinions
- Commonwealth v. BarnettSupreme Court of Pennsylvania · 1901
- Wilson v. Louisiana Purchase Exposition CommissionSupreme Court of Iowa · 1907
- Commonwealth ex rel. State Hospital for the Insane v. County of PhiladelphiaSupreme Court of Pennsylvania · 1899
- J. D. Hollingshead Co. v. Board of Control of State InstitutionsSupreme Court of Iowa · 1923
- Emerson v. Standard Protective SocietySuperior Court of Pennsylvania · 1911
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