Commonwealth v. City of Wilkes-Barre
Supreme Court of Pennsylvania
Appeal, No. 57, Jan. T., 1917, by relator, from judgment of C. P. Luzerne Co., March T., 1917, No. 349, dismissing petition for peremptory mandamus in case of Commonwealth of Pennsylvania Ex Relatione Frank P. Slattery, District Attorney of Luzerne County, v. John Y. Kosek, Mayor, R. Nelson Bennett, Joseph P. Schuler, Fred Goeringer, and Martin C. Murray, Councilmen of the City of Wilkes-Barre. Petition for mandamus.
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Appeal, No. 57, Jan. T., 1917, by relator, from judgment of C. P. Luzerne Co., March T., 1917, No. 349, dismissing petition for peremptory mandamus in case of Commonwealth of Pennsylvania Ex Relatione Frank P. Slattery, District Attorney of Luzerne County, v. John Y. Kosek, Mayor, R. Nelson Bennett, Joseph P. Schuler, Fred Goeringer, and Martin C. Murray, Councilmen of the City of Wilkes-Barre. Petition for mandamus. Before Fuller, P. J. The facts appear by the opinion of the Supreme Court. The lower court refused the mandamus. Relator appealed. was in refusing to grant the mandamus as prayed…
1Opinion of the Court
Opinion by
Mb. Justice Mestrezat,
This is an appeal by the relator from a judgment refusing to grant a writ of mandamus.
On October 3,1916, the city council of Wilkes-Barre, a city of the third class, passed finally an ordinance awarding to the Wilkes-Barre Company a contract for lighting certain streets and public buildings of the city for the term of five years. Within ten days, a petition of qualified electors of the city, signed by voters equal in number to more than twenty per cent, of the entire number of votes cast for all candidates for mayor at the last preceding general municipal…
2Cases cited2 opinions
- Chunk v. McGeeSupreme Court of Pennsylvania · 1876
- Commonwealth ex rel. Heinly v. MarksSupreme Court of Pennsylvania · 1915
3Cited by8 opinions
- Commonwealth v. Lowe Coal Co.Supreme Court of Pennsylvania · 1929
- United States ex rel. Harris v. DanielsCourt of Appeals for the Second Circuit · 1922
- Wax v. Van MarterSuperior Court of Pennsylvania · 1936
- Com. of Pa. v. CharlesSuperior Court of Pennsylvania · 1934
- Catalano v. Swanger, Pennsylvania Court of Common Pleas, Lebanon County1973
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