Commonwealth ex rel. Heinly v. Marks
Supreme Court of Pennsylvania
Appeal, No. 26, Jan. T., 1915, by plaintiff, from judgment of C. P. Berks Co., Oct. T., 1914, No. 53, for defendant, refusing mandamus, in case of Commonwealth of Pennsylvania, ex rel., Harvey F. Heinly, District Attorney of Berks County, v. Charles Marks, City Clerk of the City of Beading. Petition for mandamus. Before Endlioh, P. J. The opinion of the Supreme Court states the facts. The court refused the mandamus.
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Appeal, No. 26, Jan. T., 1915, by plaintiff, from judgment of C. P. Berks Co., Oct. T., 1914, No. 53, for defendant, refusing mandamus, in case of Commonwealth of Pennsylvania, ex rel., Harvey F. Heinly, District Attorney of Berks County, v. Charles Marks, City Clerk of the City of Beading. Petition for mandamus. Before Endlioh, P. J. The opinion of the Supreme Court states the facts. The court refused the mandamus. Petitioner appealed- Error assigned was in refusing the mandamus.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
This case brings up for consideration the Act of 1902 introducing the initiative and referendum into the law of Pennsylvania. On September 16, 1914, the Council of Reading, a city of the third class, passed an ordinance annexing a portion of an adjoining township; within ten days a paper signed by over one hundred qualified electors was presented to the city clerk, requesting him to prepare a petition to the council for a repeal of the annexation ordinance; the clerk declined so to do, and an alternative writ of mandamus was granted against him, to which he…
2Cases cited1 opinion
- Commonwealth v. ElbertSupreme Court of Pennsylvania · 1914
3Cited by7 opinions
- State Ex Rel. Sharpe v. HittOhio Supreme Court · 1951
- WILLIAMS v. RoweCommonwealth Court of Pennsylvania · 1971
- Commonwealth v. City of Wilkes-BarreSupreme Court of Pennsylvania · 1917
- Catalano v. Swanger, Pennsylvania Court of Common Pleas, Lebanon County1973
- Director General of Railroads v. Pottstown Steel Co., Pennsylvania Court of Common Pleas, Berks County1923
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