Commonwealth ex rel. Armstrong v. Commissioners
Supreme Court of Pennsylvania
This was an alternative mandamus issued out of the Supreme Court of Pennsylvania, in the name of the Commonwealth, on the relation of W. G. Armstrong, against tbe Commissioners of Allegheny county.
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This was an alternative mandamus issued out of the Supreme Court of Pennsylvania, in the name of the Commonwealth, on the relation of W. G. Armstrong, against tbe Commissioners of Allegheny county. The writ issued while the court was in session in the Eastern District of this state, and recited, inter alia, the incorporation and organization of the “Pittsburgh, Kittanning and Warren Railroad Company,” which name, by a subsequent Act of Assembly, was changed to that of the “Allegheny Valley Railroad Company.” That the County of Allegheny, through its commissioners, was duly authorized, on the…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
— Mandamus is a high prerogative and remedial writ, the appropriate functions of which are the enforcement of duties to the public, by officers and others, who either neglect or refuse to perform them. It follows, therefore, that those to whom it may be appropriately directed, owe some duty to the public, and are under obligation to perform it; and for the enforcement of which there is no other specific legal remedy.
In practice, the party seeking such a remedy presents to the court a primd facie case, entitling him to the writ, by way of…
2Cited by20 opinions
- United States v. New OrleansSupreme Court of the United States · 1879
- Tanenbaum v. D'AscenzoSupreme Court of Pennsylvania · 1946
- State Ex Rel. Daugherty v. County Court of Lincoln CountyWest Virginia Supreme Court · 1944
- Commonwealth v. BergenSuperior Court of Pennsylvania · 1938
- United States ex rel. Masslich v. SaundersCourt of Appeals for the Eighth Circuit · 1903
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