Legal Opinion

Carrere v. Schmidt

Supreme Court of Pennsylvania

Decided January 7, 1924No. Appeal, No. 88PublishedCited by 6 opinions

Appeal, No. 88, Jan. T., 1924, by defendant, from order of C. P. Luzerne Co., March T., 1923, No. 252, awarding peremptory mandamus, in case of Carrere and Hastings and Benjamin H. Davis v. Paul J. Schmidt, Controller of Luzerne County. Petition for mandamus. Before Fullee, P. J. The opinion of the Supreme Court states the facts. Demurrer to answer sustained and mandamus awarded, 22 Luzerne Leg. Reg. 305. Defendant, controller, appealed.

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Appeal, No. 88, Jan. T., 1924, by defendant, from order of C. P. Luzerne Co., March T., 1923, No. 252, awarding peremptory mandamus, in case of Carrere and Hastings and Benjamin H. Davis v. Paul J. Schmidt, Controller of Luzerne County. Petition for mandamus. Before Fullee, P. J. The opinion of the Supreme Court states the facts. Demurrer to answer sustained and mandamus awarded, 22 Luzerne Leg. Reg. 305. Defendant, controller, appealed. Error assigned was order, quoting record.

1Opinion of the Court

Opinion by

Me. Justice Schaeeee,

This is a mandamus proceeding to compel the controller of Luzerne County to audit and approve the bill of plaintiffs for engineering and architectural services in connection with the preparation of plans for a bridge over the Susquehanna River in that county to take the place of-an old one. No question is raised as to the services rendered or their value, the sole contention of the controller being that the proceedings for the new bridge *459were not instituted in the court of quarter sessions in compliance with law.

The initiation of the movement for the new bridge…

2Cases cited9 opinions

  1. White v. City of MeadvilleSupreme Court of Pennsylvania · 1896
  2. Lincoln v. National Tube Co.Supreme Court of Pennsylvania · 1920
  3. In re GottesfeldSupreme Court of Pennsylvania · 1914
  4. Commonwealth v. TiceSupreme Court of Pennsylvania · 1922
  5. Buttorff v. York CitySupreme Court of Pennsylvania · 1920

4 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Valmont Developing Co. v. RosserSupreme Court of Pennsylvania · 1929
  2. Union County v. Northumberland CountySupreme Court of Pennsylvania · 1924
  3. In Re: Bridge at Wilkes-BarreSuperior Court of Pennsylvania · 1926
  4. Commonwealth v. SweeneyPhiladelphia County Court of Oyer and Terminer · 1924
  5. Dolan v. Burke, Pennsylvania Court of Common Pleas, Philadelphia County1926

1 more not listed; retrieve them via the Exa API.

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