Legal Opinion

Healey v. Jones

Pennsylvania Court of Common Pleas, Lackawanna County

Decided April 15, 1942No. 809Published

1Opinion of the Court

Eagen, J.,

— Petitioner, John Healey, seeks a writ of alternative mandamus directing his reinstatement to a position in the office of City Council of the City of Scranton. Defendants filed a motion asking that the writ be quashed. A motion to quash a writ of mandamus is the equivalent of a demurrer and admits all well-pleaded allegations: Bragg v. Swarthmore School District et al., 337 Pa. 363. The sole question for decision, therefore, is whether the averments, when liberally construed and taken as true, constitute a basis for granting relief. What then are the allegations of the petition in…

2Cases cited6 opinions

  1. Truitt v. PhiladelphiaSupreme Court of Pennsylvania · 1908
  2. Raffel v. PittsburghSupreme Court of Pennsylvania · 1940
  3. Bragg v. Swarthmore School DistrictSupreme Court of Pennsylvania · 1940
  4. Commonwealth Ex Rel. Palermo v. PittsburghSupreme Court of Pennsylvania · 1940
  5. Hill v. AlexanderSupreme Court of Pennsylvania · 1940

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