Legal Opinion

Commonwealth v. Lenhart

Supreme Court of Pennsylvania

Decided May 19, 1913No. Appeal, No. 175PublishedCited by 2 opinions

Appeal, No. 175, Jan. T., 1913, by defendants, from decree of C. P. Columbia Co., by associate judges in No. 197, May T., 1912, awarding writ of peremptory mandamus in Commonwealth of Pennsylvania, ex rel., George G. Crisman, N. B. Shales, E. S. Martz, H. H. Linden, George A. Confair, Harry C. Smith, Yerncel R. Crisman, J. *Á. Laub, W. W. Shannon and A. H. Klase v. C. Fred Lenhart, Charles E. Welliver and George S. Fleckenstine, Commissioners of Columbia County.

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Appeal, No. 175, Jan. T., 1913, by defendants, from decree of C. P. Columbia Co., by associate judges in No. 197, May T., 1912, awarding writ of peremptory mandamus in Commonwealth of Pennsylvania, ex rel., George G. Crisman, N. B. Shales, E. S. Martz, H. H. Linden, George A. Confair, Harry C. Smith, Yerncel R. Crisman, J. *Á. Laub, W. W. Shannon and A. H. Klase v. C. Fred Lenhart, Charles E. Welliver and George S. Fleckenstine, Commissioners of Columbia County. Petition for writ of mandamus. The facts appear in the opinion by Evans, P. J., as follows: This is a proceeding by mandamus to…

1Opinion of the Court

Opinion by

Mr. Justice Brown,

Whether the mandamus prayed for in the court below should have issued was a pure question of law. On undisputed facts the learned president judge dismissed the *136petition for it, but his two associates, unlearned in the law, filed what they called a dissenting opinion, in which they held that the prayer of the petition should be granted, and they thereupon directed a writ of peremptory mandamus to issue. They were elected as judges unlearned in the law, and, if men of ordinary intelligence, ought to have known that it was never contemplated by the Constitution that…

2Cases cited2 opinions

  1. Syracuse Pit Hole Oil Co. v. CarothersSupreme Court of Pennsylvania · 1869
  2. Glamorgan Iron Co. v. SnyderSupreme Court of Pennsylvania · 1877

3Cited by2 opinions

  1. Murray's PetitionSupreme Court of Pennsylvania · 1918
  2. McGovern v. Armstrong, Pennsylvania Court of Common Pleas, Alleghany County1928

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