Commonwealth v. Sholtis
Superior Court of Pennsylvania
Appeal, No. 78, Jan. T., 1904, by defendant, from order of C. P. Luzerne Co., Oct. T., 1903, No. 2, awarding mandamus in cáse of Commonwealth ex rel. P. A. McLaughlin v. Andrew Sholtis. Petition for mandamus. The facts appear by the opinion of the Superior Court. Error assigned was the order awarding peremptory writ of mandamus.
1Opinion of the Court
Opinion by
Orlady, J.,
An order, dated December 11,1902, signed by the president and clerk of the council of the borough of Swoyersville, and directed to the treasurer, was issued to P. A. McLaughlin, M. D., who in March, 1903, presented it to the treasurer for payment and was refused. A petition for a mandamus was filed, and after a hearing on petition, answer, and demurrer, the court directed the writ to issue as prayed for. The answer filed specifically states that when the respondent assumed the duties of his office on March 1, 1903, he was notified by the retiring- *489and also by the incoming…
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