Runkle v. Commonwealth ex rel. Keppelman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Berks county: Of January Term 1880, No. 114. This was a writ of error to a judgment of the said court, awarding a writ of peremptory mandamus in favor of the Commonwealth, ex rel.
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Error to the Court of Common Pleas of Berks county: Of January Term 1880, No. 114. This was a writ of error to a judgment of the said court, awarding a writ of peremptory mandamus in favor of the Commonwealth, ex rel. John H. Keppelman against William A. Runkle, city controller of the city of Reading, commanding him to countersign certain warrants drawn upon the city treasurer in favor of said Keppelman, for salary as city clerk, and as secretary of the water board of the city of Reading. The case was heard in the court below upon demurrer to the respondent’s return to the petition and writ…
1Opinion of the CourtJustice Gordon
*331The court below seems to have regarded the controller of the city of Reading as a merely ministerial officer, otherwise it would not have sustained this writ of mandamus. There is no doubt but that the orders drawn by the relator in his own favor on the city treasurer were properly drawn and countersigned, so far as mere form went; but it by no means follows that he was thereby entitled to the money. Before he was so entitled, the controller must pass upon and approve them, and this, not as a mere ministerial officer, but as one having deliberative and discretionary powers, as the guardian…
2Cases cited1 opinion
- Commonwealth ex rel. Griffith v. CochranSupreme Court of Pennsylvania · 1812
3Cited by20 opinions
- Kaufman Construction Co. v. HolcombSupreme Court of Pennsylvania · 1947
- Souder v. PhiladelphiaSupreme Court of Pennsylvania · 1931
- Roth v. MarshallSupreme Court of Pennsylvania · 1893
- Horowitz v. BeamishSupreme Court of Pennsylvania · 1936
- Commonwealth Ex Rel. Short v. WoodwardSuperior Court of Pennsylvania · 1924
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