Commonwealth v. Johnson
Supreme Court of Pennsylvania
TtA WLE obtained a rule upon the defendants, who were supervisors of the roads in the township of the northern, liberties, to shew cause why a mandamus should not issue, commanding them to pay two orders drawn upon them by Frederick Wolbert and others justices of the peace, in favour of Robert Brooke and Jacob Kessler.
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TtA WLE obtained a rule upon the defendants, who were supervisors of the roads in the township of the northern, liberties, to shew cause why a mandamus should not issue, commanding them to pay two orders drawn upon them by Frederick Wolbert and others justices of the peace, in favour of Robert Brooke and Jacob Kessler. J Upon the return of the rule, a variety of facts were laid before the court, which it is not material to detail, as they did not bear upon the particular question hereafter noticed, namely, the authority of the court to issue a mandamus in the present case. So far as they…
1Opinion of the Court
*279The opinion of the court, which was delivered upon the whole case, was on this point as follows:
Tjxghman C. J.
The point which required most consi-
deration, was, whether the case was of such a nature as called for á mandamus; and we think that it is, because the supervisors are public officers, directed by the act of assembly to pay such orders as are legally drawn by the justices, and because the surveyors have no other specific remedy. It is said that the supervisors may be indicted for neglect of duty. But if they were indicted and convicted, the orders might still be unpaid. It is said…
2Cited by6 opinions
- Commonwealth ex rel. Thomas v. Commissioners of Allegheny CountySupreme Court of Pennsylvania · 1858
- State v. Board of Chosen FreeholdersSupreme Court of New Jersey · 1885
- Baker v. JohnsonSupreme Judicial Court of Maine · 1856
- Portland Stone Ware Co. v. TaylorSupreme Court of Rhode Island · 1890
- Brothers v. PickelNew Jersey Superior Court Appellate Division · 1879
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