Commonwealth v. Barnett
Supreme Court of Pennsylvania
Appeal, No. 69, Jan. T., 1901, by plaintiff, from order of C. P. Centre Co., Jan. T., 1901, No. 121, refusing writ of peremptory mandamus in case of Commonwealth ex rel. John P. Elkin, Attorney General, for use of the School District of Patton Township, v. James E. Barnett, State Treasurer of the Commonwealth. Petition for peremptory mandamus.
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Appeal, No. 69, Jan. T., 1901, by plaintiff, from order of C. P. Centre Co., Jan. T., 1901, No. 121, refusing writ of peremptory mandamus in case of Commonwealth ex rel. John P. Elkin, Attorney General, for use of the School District of Patton Township, v. James E. Barnett, State Treasurer of the Commonwealth. Petition for peremptory mandamus. Love, P. J., stated the facts to be as follows: This is an application for a peremptory writ of mandamus upon James E. Barnett, state treasurer, to compel him to pay to the school district of Patton township, its proportionate share of the money…
1Dissent
Mu. Justice Mestkezat,
dissenting:
I do not agree with the conclusions reached by the majority of the court, and hence dissent from the judgment about to be entered.
There are two questions presented on this record for consideration : 1. The jurisdiction of the court below, and incidentally the right and the duty of this court to consider and determine the question of its own motion or at the suggestion of an amicus curise. 2. The authority of the governor of Pennsylvania to veto a part of an item of an appropriation where that appropriation consists of one item and one sum.
We are met at the…
2Cases cited18 opinions
- Commonwealth v. GriestSupreme Court of Pennsylvania · 1900
- Monongahela Navigation Co. v. CoonsSupreme Court of Pennsylvania · 1843
- Field v. PeopleIllinois Supreme Court · 1839
- Commonwealth ex rel. Hamilton v. Select & Common CouncilsSupreme Court of Pennsylvania · 1859
- Deihm v. SnellSupreme Court of Pennsylvania · 1888
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