Commonwealth ex rel. Blanc v. Hersch

Opinion by

Mr. Chief Justice Jones,

This action in mandamus seeking enforcement of an alleged public (as distinguished from private) right, was instituted in the court below by a volunteer group of citizens on the relation, and with the consent, of the District Attorney of Philadelphia County. The court, after argument, dismissed the complaint and counsel for the initiating citizens assumed to appeal the order of dismissal to this court without the consent of the District Attorney having been obtained. As the appeal was taken without even color of legal authority, it will necessarily be…