Commonwealth ex rel. Dawson v. Board of Probation & Parole

Opinion by

President Judge Bowman,

Before us for disposition is defendant’s motion for judgment on the pleadings filed pursuant to Pa. R.C.P. *552No. 1034. The pleadings in the instant case consist of plaintiff’s complaint in mandamus, alleging an abuse of defendant’s discretion in recommitting him as a technical parole violator, defendant’s answer thereto and new matter, and plaintiff’s answer to new matter.

It is axiomatic that the extraordinary relief of mandamus only lies when the plaintiff’s right to relief is clear and convincing. It does not lie when the Board exercises its discretion, unless…