Legal Opinion

Commonwealth ex rel. McChesney v. Diamond National Bank

Superior Court of Pennsylvania

Decided December 15, 1898No. Appeal, No. 71PublishedCited by 10 opinions

Appeal, No. 71, April T., 1898, by David Shaw, from decree of C. P. No. 2, Allegheny Co., July T., 1897, No. 701, directing that a mandamus should issue. Petition for mandamus. Before Fbazeb., J. The facts sufficiently appear from the opinion of the court. Davis Shaw, burgess, appealed. Error assigned was entering decree directing a writ of man- ■ damns to issue.

1Opinion of the Court

Opinion by

Smith J.,

Upon the petition of 'George McChesney, averring that on June 12,1897, the town council of the borough of McKee’s Rocks issued a warrant to him, signed by the chairman of the council and attested by the clerk of that body, directing the treasurer of the borough, the Diamond National Bank, to pay to the relator the sum of $50.00 out of the funds in its hands belonging to the borough, and that the said treasurer refused to pay the same, for the reason that the warrant was not signed by the burgess of the borough, and the said' burgess had notified the respondent not to honor…

2Cases cited2 opinions

  1. Schenck v. BurgessSupreme Court of Pennsylvania · 1897
  2. Shaub v. Lancaster CitySupreme Court of Pennsylvania · 1893

3Cited by10 opinions

  1. Jones v. Schuylkill Light, Heat and Power Co.Supreme Court of Pennsylvania · 1902
  2. State of North Dakota v. DuisNorth Dakota Supreme Court · 1908
  3. Ribblet v. WestrickSupreme Court of Pennsylvania · 1941
  4. Miller v. West View BoroughSuperior Court of Pennsylvania · 1914
  5. Breslin v. EarleySuperior Court of Pennsylvania · 1908

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