Commonwealth ex rel. Roney v. Warwick
Supreme Court of Pennsylvania
Appeal, No. 39, Jan. T., 1896, by-defendants, from judgment of C. P. No. 3, Phila. Co., March T., 1895, No. 1273, for plaintiff on petition for mandamus. Mitchell, J., dissents. Petition for mandamus.
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Appeal, No. 39, Jan. T., 1896, by-defendants, from judgment of C. P. No. 3, Phila. Co., March T., 1895, No. 1273, for plaintiff on petition for mandamus. Mitchell, J., dissents. Petition for mandamus. From the record it appeared that on February 21, 1893, John Taylor was elected receiver of taxes of the city of Philadelphia for a term of three years, commencing the first Monday of April, 1893. Taylor died on January 5, 1895. On January 9, 1895, the select and common councils, in joint session, elected William J. Roney, the relator, receiver of taxes to fill the vacancy caused by the death of…
1Dissent
Dissenting Opinion by
Mr. Justice Mitchell:
I dissent from this judgment as an unprecedented and unwarranted invasion by the judiciary of the legislative authority. Declaratory and expository acts have been in common use in Pennsylvania from colonial days. Since the adoption of the constitution of 1790 there have been scores if not hundreds of them, and if we include those in which the phrase “ shall not be construed” etc. has been used to introduce what are practically provisos in the same act, their name will be legion. Just half a century ago Justice Rogers in delivering the opinion of this…
2Cases cited7 opinions
- Greenough v. GreenoughSupreme Court of Pennsylvania · 1849
- Norman v. HeistSupreme Court of Pennsylvania · 1843
- Grim v. Weissenberg School DistrictSupreme Court of Pennsylvania · 1868
- Titusville Iron Works v. Keystone Oil Co.Supreme Court of Pennsylvania · 1888
- Bolton v. JohnsSupreme Court of Pennsylvania · 1847
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