Commonwealth ex rel. Hamilton v. Select & Common Councils
Supreme Court of Pennsylvania
Mandamus. This was an alternative mandamus issued, at the relation of It. G. Hamilton, against The Select and Common Councils of the City of Pittsburgh, composed of D. Fitzsimmons, and others, commanding them to assess and levy a tax, to provide for the payment of interest upon bonds issued by the said city, in payment of its subscription to the capital stock of the Chartiers Yalley Railroad Company.
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Mandamus. This was an alternative mandamus issued, at the relation of It. G. Hamilton, against The Select and Common Councils of the City of Pittsburgh, composed of D. Fitzsimmons, and others, commanding them to assess and levy a tax, to provide for the payment of interest upon bonds issued by the said city, in payment of its subscription to the capital stock of the Chartiers Yalley Railroad Company. The writ of mandamus was as follows:— “ Eastern District of Pennsylvania: ss. “ The Commonwealth of Pennsylvania, “ To the Select and Common Councils of the City of [seal] Pittsburgh, composed of…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
The alternative mandamus in this case, following the suggestion of the relator, avers that he is the owner of two certificates of loan or bonds of the City of Pittsburgh, each for the sum of $1000, the ownership of which he acquired by pur*509chase; that these certificates of loan, or bonds, with others, amounting in all to the sum of f150,000, were issued by the said city in payment of a subscription for three thousand shares of the capital stock of the Chartiers Valley Railroad Company ; that all the bonds are signed by the mayor of the city,…
2Cases cited2 opinions
- President, Directors, & Co. of Newburgh & Cochecton Turnpike Road v. MillerNew York Court of Chancery · 1821
- Malcom v. RogersNew York Supreme Court · 1825
3Cited by32 opinions
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- Homan v. MacKeySupreme Court of Pennsylvania · 1928
- Edwards v. County of Lewis & ClarkMontana Supreme Court · 1917
- Philadelphia Facilities Management Corp. v. BiesterCommonwealth Court of Pennsylvania · 1981
- Commonwealth v. FlemingSuperior Court of Pennsylvania · 1903
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