Commonwealth ex rel. Vandyke v. Henry
Supreme Court of Pennsylvania
Error to the Supreme Court of Philadelphia. This was a proceeding in the Supremo Court in banc, founded on the petition of Richard Yandyke and Mark Wadleigh, praying for a mandamus to Alexander Henry, Mayor of Philadelphia, commanding him to execute and deliver a certain lease which petitioners claimed to have made with the councils.
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Error to the Supreme Court of Philadelphia. This was a proceeding in the Supremo Court in banc, founded on the petition of Richard Yandyke and Mark Wadleigh, praying for a mandamus to Alexander Henry, Mayor of Philadelphia, commanding him to execute and deliver a certain lease which petitioners claimed to have made with the councils. The petitioners set forth that by a resolution of the Select and Common Councils of the city of Philadelphia, approved by the mayor, on the 26th day of December 1861, it was resolved that the Mayor of Philadelphia be authorized to execute a lease with James C.…
1Opinion of the Court
The opinion of .the court was delivered, by
Agnew, J.
The questions in this cause arise upon the return of Alexander Henry, mayor of Philadelphia, to a writ of alternative mandamus issued out of this court. The purpose of the writ is to compel the mayor to execute a lease to the relators for certain lands of the Girard estates in Schuylkill county. He refuses to do so on two grounds: 1st. That the ordinance of December 26th 1861 vests in him a sound discretion; 2d. That the relators have been guilty of corrupt practices in procuring themselves to be nominated as lessees.
The language of the…
2Cited by11 opinions
- Allegheny County Port Authority v. FlahertyCommonwealth Court of Pennsylvania · 1972
- Douglas v. McLeanSuperior Court of Pennsylvania · 1904
- Commonwealth v. JamesSupreme Court of Pennsylvania · 1906
- D. N. Corporation v. RoudabushSupreme Court of Pennsylvania · 1932
- Frantz v. PhiladelphiaSupreme Court of Pennsylvania · 1939
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