Butcher v. Hersch

Flood, J.,

Plaintiff brought this action in mandamus against defendant Chief Magistrate Hersch following the chief magistrate’s refusal of a request by plaintiff to inspect his criminal dockets for the months of September, October and November, 1955. Prior to the institution of the suit, plaintiff had invoked the assistance of the Attorney General of the Commonwealth of Pennsylvania and the Acting District Attorney of Philadelphia County. The former was unavailable to act because of illness and the latter refused to act.

Counsel for defendant filed preliminary objection, setting up (1) a…