Commonwealth ex rel. Bowman v. Slifer
Supreme Court of Pennsylvania
This was an application by the relator to tbis Court for á mandamus on the state' treasurer to compel payment of the arrears of his salary, as adjutant-general of the militia of this Commonwealth. The petition sets forth that, on the 28th of October, 1853, the relator was duly commissioned and qualified as adjutant-general of the militia of the Commonwealth of Pennsylvania, for the term of three years,- if he should so long behave himself well.
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This was an application by the relator to tbis Court for á mandamus on the state' treasurer to compel payment of the arrears of his salary, as adjutant-general of the militia of this Commonwealth. The petition sets forth that, on the 28th of October, 1853, the relator was duly commissioned and qualified as adjutant-general of the militia of the Commonwealth of Pennsylvania, for the term of three years,- if he should so long behave himself well. That his •said commission was issued by William Bigler, then governor of the Commonwealth of Pennsylvania, in pursuance of authority contained in the…
1Opinion of the Court
The opinion of the Court was delivered by'
Lewis, C. J.
This is an ¿pplication for a mandamus to compel the state treasurer to pay the relator the arrears of salary alleged to be due to him as adjutant-general of the Commonwealth.
The parties have argued the case on its facts and merits, without requesting an issue, and we proceed to dispose of it accordingiy.
The objections to the mandamus are:—
1. That General Bowman was not appointed for the term of three years, but only to fill the vacancy occasioned by the resignation of General James Keenan,- whose commission expired by it's own limitation…
2Cases cited1 opinion
- Ex Parte Duncan N. HennenSupreme Court of the United States · 1839
3Cited by24 opinions
- Jones v. DusmanSupreme Court of Pennsylvania · 1914
- Commonwealth Ex Rel. Shoemaker v. ThomasSupreme Court of Pennsylvania · 1937
- Eubank v. Montgomery CountyCourt of Appeals of Kentucky · 1907
- Jenkins v. ScrantonSupreme Court of Pennsylvania · 1903
- Cornman v. PhiladelphiaSupreme Court of Pennsylvania · 1955
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