Commonwealth ex rel. Clowes v. Dickinson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term 1875, No. 178. This was a proceeding by the Commonwealth, at the relation of Archibald W. Clowes and others, for a mandamus to compel Mahlon H. Dickinson, the commissioner of highways in the city of Philadelphia, to open Yolkmar street.
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Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term 1875, No. 178. This was a proceeding by the Commonwealth, at the relation of Archibald W. Clowes and others, for a mandamus to compel Mahlon H. Dickinson, the commissioner of highways in the city of Philadelphia, to open Yolkmar street. The General Assembly passed the following act in relation to said street:— “ An Act to authorize the laying out, opening and laying of water-pipes in Yolkmar street, in the city of Philadelphia. “ Sect. 1. Be it enacted by the senate and house of representatives of the…
1Opinion of the CourtJustice Paxson
delivered the opinion of the court, March 28th 1877.. The Act of March 20th 1873 (Pamp. L. 330), directs the chief commissioner of highways of the city of Philadelphia to open Volkmar street, from Hanover street to Palmer street, within sixty days from the passage of said act. An alternative mandamus was issued by the court below,. directed to the defendant, for the purpose of compelling him to open said street in conformity to the said Act of Assembly. To this writ the defendant made return that “ he is advised and therefore avers that the Act of Assembly which is referred to therein is…
2Cited by4 opinions
- Tanenbaum v. D'AscenzoSupreme Court of Pennsylvania · 1946
- Nowling v. NewellSuperior Court of Pennsylvania · 1916
- Commonwealth v. HamiltonSuperior Court of Pennsylvania · 1922
- Wilson v. City of Harrisburg, Pennsylvania Court of Common Pleas, Dauphin County1930