Legal Opinion

James v. Commissioners

Supreme Court of Pennsylvania

Decided April 22, 1850PublishedCited by 8 opinions

Error to Common Pleas of Bucks county. Statement of Case. — In 1848, the assessor of Doylestown borough returned to the commissioners that he had assessed the plaintiff in error at the sum of $50,000, to which the commissioners added $25,000, making an aggregate of $75,000. James having made a statement of his personal property, appealed from the assessment made, to the commissioners, according to the provisions of the act of 1884. The commissioners refused to entertain the…

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Error to Common Pleas of Bucks county. Statement of Case. — In 1848, the assessor of Doylestown borough returned to the commissioners that he had assessed the plaintiff in error at the sum of $50,000, to which the commissioners added $25,000, making an aggregate of $75,000. James having made a statement of his personal property, appealed from the assessment made, to the commissioners, according to the provisions of the act of 1884. The commissioners refused to entertain the appeal or to make any record of their proceedings in the matter. James thereupon presented his petition to the court for…

1Opinion of the Court

The opinion of the court was delivered by

Burnside, J,

Although a mandamus is a demandable writ of common right, yet it will be granted only in extraordinary cases, when there would otherwise be a failure of justice. The Comth. vs. The Canal Commissioners, 2 Pa. Rep. 518. To found the application for the mandamus, the law requires that the applicant establish a specific legal right, as well as the want of a specific legal remedy. Comth. vs. Rossiter, 2 Binn. 360. Has the complainant, in this case, exhibited and established a specific legal right? He refused a statement of his property to the…

2Cases cited1 opinion

  1. Commonwealth v. RosseterSupreme Court of Pennsylvania · 1810

3Cited by8 opinions

  1. Goodman Et Ux. v. MeadeSuperior Court of Pennsylvania · 1948
  2. Homan v. MacKeySupreme Court of Pennsylvania · 1928
  3. Commonwealth v. JamesSupreme Court of Pennsylvania · 1906
  4. Elliot v. PhiladelphiaSupreme Court of Pennsylvania · 1910
  5. Pittsburgh School District v. E. S. S. Land Co.Superior Court of Pennsylvania · 1940

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