Legal Opinion

Commonwealth ex rel. Hepburn v. Mann

Supreme Court of Pennsylvania

Decided May 15, 1843PublishedCited by 44 opinions

THE Commonwealth ex relatione Hon. Samuel Hepburn against Job Mann, Esq., State treasurer. This was a mandamus issued by this court to Job Mann, Esq., State treasurer, directing him to pay to the Hon. Samuel Hepburn, President Judge of the Ninth Judicial District, the amount of his salary fixed by the provisions of the Act 19th July 1839, or show cause to the contrary.

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THE Commonwealth ex relatione Hon. Samuel Hepburn against Job Mann, Esq., State treasurer. This was a mandamus issued by this court to Job Mann, Esq., State treasurer, directing him to pay to the Hon. Samuel Hepburn, President Judge of the Ninth Judicial District, the amount of his salary fixed by the provisions of the Act 19th July 1839, or show cause to the contrary. By the 5th art. 2d sec. of the Constitution of 1790, it is thus provided: “ The Judges of the Supreme Court and the Presidents of the several courts of Common Pleas, shall, at stated times, receive for their services an…

1Opinion of the Court

The opinion of the Court was delivered by

Rogers, J.

The relator, Samuel Hepburn, petitions the court for a mandamus against Job Mann, Esq., State treasurer, commanding him to pay certain moneys in the petition specified. To this the respondent makes answer and admits the fact of his refusal, setting forth the reasons for his refusal to pay the amount claimed. To the answer of the respondent the relator demurs, which brings the case up for judgment before the court. The facts on which the question arises are these: On the 5th day of March 1839, the relator was duly appointed and commissioned…

2Cases cited4 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Dobbins v. Commissioners of Erie CountySupreme Court of the United States · 1842
  3. Leib v. CommonwealthSupreme Court of Pennsylvania · 1840
  4. Commonwealth v. BaconSupreme Court of Pennsylvania · 1820

3Cited by44 opinions

  1. Evans v. GoreSupreme Court of the United States · 1920
  2. COM. Ex Rel. CARROLL v. TATESupreme Court of Pennsylvania · 1971
  3. Commonwealth ex rel. Carroll v. TateSupreme Court of Pennsylvania · 1971
  4. People Ex Rel. Burby v. . HowlandNew York Court of Appeals · 1898
  5. Crenshaw v. United StatesSupreme Court of the United States · 1890

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