Commonwealth Ex Rel. Shoemaker v. Thomas

Opinion bx

Mr. Chief Justice Kephart,

Three members of the Board of Viewers brought mandamus proceedings against the Commissioners and the Controller for fees and expenses. It was alleged that they had been appointed by the judges of the Court of Common Pleas; their services had been performed, bills presented according to law, and their approval refused. The county commissioners answered that they were not required to act until the controller had countersigned the bills; this defense was sustained. The controller’s return raised the following defenses: that one of the relators is not a…