Commonwealth ex rel. Lyons v. Painter
Supreme Court of Pennsylvania
April 2. Petition for a mandamus. The question arose under an act of Assembly, passed in 1847, providing that the qualified electors of the county of Delaware should determine by ballot, at the next general election, whether the seat of justice should be continued, as at present, or be removed to another place, and directing, that in the event of there being a majority for the change, the commissioners should determine the exact location for the new public buildings, and…
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April 2. Petition for a mandamus. The question arose under an act of Assembly, passed in 1847, providing that the qualified electors of the county of Delaware should determine by ballot, at the next general election, whether the seat of justice should be continued, as at present, or be removed to another place, and directing, that in the event of there being a majority for the change, the commissioners should determine the exact location for the new public buildings, and proceed to erect them. The petition set forth that there was a majority for the change, and prayed a mandamus accordingly.…
1Opinion of the CourtCoulter, J.
The act of Assembly of the 7th day of April, 1848, entitled “An act concerning the removal of the seat of justice in Delaware county,” contains a proviso to this effect: — “ That the act shall not go into operation until a decision shall be obtained from the Supremo Court, on the validity of the previous act of the legislature on the same subject, passed the 3d day of March, A. D. 1847, by which the removal of the seat of justice for the said county was submitted to a vote of the qualified electors of said county, at their general election in October of the same year.”
We may presume that the…
2Cited by4 opinions
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- McGonnell's LicenseSupreme Court of Pennsylvania · 1904
- Ansley v. AinsworthCourt Of Appeals Of Indian Territory · 1902
- McGonnell's LicenseSuperior Court of Pennsylvania · 1904