State v. Herdman
Superior Court of Delaware
Mandamus (No. .110, November Term, 1914). Mandamus by the State, on the relation of Lynwood B. Jacobs, against Samuel B. Herdman, Treasurer of the Council of Newark.
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Mandamus (No. .110, November Term, 1914). Mandamus by the State, on the relation of Lynwood B. Jacobs, against Samuel B. Herdman, Treasurer of the Council of Newark. Rule to show cause why a peremptory writ of mandamus should not issue commanding the defendant to issue and sign a certain warrant as required by Chapter 220, Volume 27, Laws of Delaware, in favor of Lynwood B. Jacobs, the relator, for the sum mentioned for labor performed and materials furnished in the construction of a system of sewers and disposal works for the Town of Newark. The alternative writ issued by agreement, and…
1Opinion of the Court
Pennewill, C. J.:
—A motion is made to quash the return to the alternative writ issued in this case.
It appears from the relator’s petition, and is undisputed, that the Sewer Commission for the Town of Newark, appointed by a statute of this state, Chapter 220, Volume 27, Laws of Delaware, awarded to the relator a contract for work and materials in the construction of a system of sewers and disposal works in and for said town. It is also undisputed that the Sewer Commission had authority to award such contract.
It is averred in the petition, and not denied, that the relator, as such contractor,…
2Cases cited12 opinions
- City of Little Rock v. United States ex rel. HowardCourt of Appeals for the Eighth Circuit · 1900
- Smith v. AplinMichigan Supreme Court · 1890
- Rice v. WalkerSupreme Court of Iowa · 1876
- State ex rel. Adams v. IrwinWashington Supreme Court · 1913
- Mitchell v. SpeerSupreme Court of Georgia · 1869
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3Cited by2 opinions
- In Re the Estate of WebbCourt of Chancery of Delaware · 1970
- Symons v. United States ex rel. MastersCourt of Appeals for the Ninth Circuit · 1918