Legal Opinion

Commonwealth ex rel. Trustees of Mothers' Assistance Fund v. Powell

Supreme Court of Pennsylvania

Decided February 12, 1917No. Appeal, No. 8PublishedCited by 5 opinions

Appeal, No. 8, May T., 1917, by respondents, from judgment of C. P. Dauphin Co.,' Commonwealth Docket, 1916, No. 40, awarding mandamus, in case of Commonwealth ex rel., Trustees of Mothers’ Assistance Fund of Philadelphia County, v. Archibald W. Powell, Auditor General. Petition for mandamus. Before Kunkel, P. J. The opinion of the Supreme Court states the facts. The court awarded a peremptory mandamus as prayed for. Respondent appealed.

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Appeal, No. 8, May T., 1917, by respondents, from judgment of C. P. Dauphin Co.,' Commonwealth Docket, 1916, No. 40, awarding mandamus, in case of Commonwealth ex rel., Trustees of Mothers’ Assistance Fund of Philadelphia County, v. Archibald W. Powell, Auditor General. Petition for mandamus. Before Kunkel, P. J. The opinion of the Supreme Court states the facts. The court awarded a peremptory mandamus as prayed for. Respondent appealed. Error assigned was in awarding the peremptory mandamus.

1Opinion of the Court

Opinion by

Mr. Chief Justice Brown,

By the Act of April 29, 1913, P. L. 118, provision was made for monthly payments, after approval by trustees appointed by the governor, to “indigent, widowed, or abandoned mothers, for partial support of their children in their own homes.”, This was changed by the Act of June 18,1915, P. L. 1038, which provides that such payments are to be made “to women who have children under sixteen years of age and whose husbands are dead or permanently confined in institutions for the insane, when such women are of good repute, but poor and dependent on their own efforts…

2Cases cited2 opinions

  1. Keller v. ScrantonSupreme Court of Pennsylvania · 1901
  2. Commonwealth v. BellSupreme Court of Pennsylvania · 1891

3Cited by5 opinions

  1. Tranter v. Alleghency County Co. AuthoritySupreme Court of Pennsylvania · 1934
  2. Long v. Cheltenham Township School DistrictSupreme Court of Pennsylvania · 1921
  3. Volmer v. John Hancock Mutual Life InsuranceSuperior Court of Pennsylvania · 1930
  4. McNulty v. General American Life InsuranceSuperior Court of Pennsylvania · 1943
  5. Mothers' Assistance Fund, Pennsylvania Court of Common Pleas, Harrisburg County1923

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