Commonwealth Ex Rel. McLaughlin v. Erie County

Opinion by

Mr. Justice Chidsey,

This is an appeal from an order of the court below sustaining a preliminary objection in the nature of a demurrer interposed by the defendants, in a proceeding in mandamus to compel the County of Erie to allocate a portion of the monies received by it from the Commonwealth of Pennsylvania Liquid Fuels Tax Fund to the City of Erie for the years 1945 through 1952 inclusive.

The litigation arises out of the provisions of the Act of May 21, 1931, P. L. 149, as variously amended, the last amendment being the Act of May 29, 1951, P. L. 485, 72 PS §2611j. The original…