Dechert v. Commonwealth ex rel. Smart
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2, of Philadelphia county: Of January Term 1886, No. 68. On July 18th, 1885, the Commonwealth of Pennsylvania ex relatione J. P. Smart filed a petition praying for a writ of alternative mandamus commanding Robert P. Decliert, City Controller of the City of "Philadelphia, to countersign a warrant drawn by the Chief Engineer and Surveyor of the City of Philadelphia, in his favor. On the same day the writ was allowed.
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Error to the Court of Common Pleas No. 2, of Philadelphia county: Of January Term 1886, No. 68. On July 18th, 1885, the Commonwealth of Pennsylvania ex relatione J. P. Smart filed a petition praying for a writ of alternative mandamus commanding Robert P. Decliert, City Controller of the City of "Philadelphia, to countersign a warrant drawn by the Chief Engineer and Surveyor of the City of Philadelphia, in his favor. On the same day the writ was allowed. The alternative writ recited that under the authority of an ordinance passed June 24th, 1881, the relator, Smart, had constructed a sewer on…
1Opinion of the CourtJustice Clark
This writ of error is taken to the order and decree of the Court of Common Pleas No. 2, of Philadelphia, awarding a writ of peremptory mandamus. The relator, T. P. Smart, was a contractor of the said city, and the respondent, Robert P. Dechert, controller of the city and county of PliiladelphiaThe alternative writ recited that under authority of an ordinance passed June 24th, 1881, the relator had constructed a *235sewer for the city, that certain property on the line was not subject to assessment or municipal charge for the construction, and that by an ordinance approved June 9th, 1885, the…
2Cases cited1 opinion
- Commonwealth ex rel. Griffith v. CochranSupreme Court of Pennsylvania · 1812
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- Mellinger v. KuhnSupreme Court of Pennsylvania · 1957
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