Commonwealth v. Fitler
Pennsylvania Court of Common Pleas, Philadelphia County
No. 57 January Term 1890, Sup. Ct.; court below, No. 609 March. Term 1889, C. P. No. 4. On May 11, 1889, upon petition of the Northeastern Rapid Transit Railway Company, the court below awarded an alternative writ of mandamus directed to Edwin H. Fitler, mayor of the city of Philadelphia, John Eckstein, clerk of the common council, and Joseph H. Paist, clerk of the select council, of said city, commanding the defendants forthwith to furnish to the relator a copy, duly…
Read the full summary
No. 57 January Term 1890, Sup. Ct.; court below, No. 609 March. Term 1889, C. P. No. 4. On May 11, 1889, upon petition of the Northeastern Rapid Transit Railway Company, the court below awarded an alternative writ of mandamus directed to Edwin H. Fitler, mayor of the city of Philadelphia, John Eckstein, clerk of the common council, and Joseph H. Paist, clerk of the select council, of said city, commanding the defendants forthwith to furnish to the relator a copy, duly certified in accordance with the provisions of the act of March 21,1866, P. L. 262, of an ordinance granting the consent of…
1Opinion of the Court
Opinion,
Mr,. Chief Justice Paxson:
The exhaustive and interesting review of parliamentary law with which the learned counsel for the relator have favored us in their paper-book, has failed to convince us that the writ of mandamus prayed for should go out. It is possible that cases may arise in which it would be the duty of the mayor and clerks of councils to certify an ordinance, and that, upon their refusal to do so, the performance of such duty would be properly compelled by mandamus. But in this case we are asked to require them to certify, as an ordinance of the city, an ordinance which…
2Cases cited2 opinions
- Commonwealth ex rel. Hamilton v. Select & Common CouncilsSupreme Court of Pennsylvania · 1859
- Lehigh Water Company's AppealSupreme Court of Pennsylvania · 1883
3Cited by10 opinions
- Homan v. MacKeySupreme Court of Pennsylvania · 1928
- Commonwealth v. KesslerSupreme Court of Pennsylvania · 1908
- Shisler v. PhiladelphiaSupreme Court of Pennsylvania · 1913
- Commonwealth v. RogersSuperior Court of Pennsylvania · 1915
- Erie v. Parade Street Market Co.Superior Court of Pennsylvania · 1908
5 more not listed; retrieve them via the Exa API.