Commonwealth ex rel. Century Co. v. City of Philadelphia
Supreme Court of Pennsylvania
Appeal No. 354, Jan. T., 1896, by plaintiff, from decree of C. P. No. 4, Phila. Co., Dec. T., 1895, No. 486, dismissing petition for mandamus. Petition for mandamus. The petition prayed for a mandamus to compel the controller of the city of Philadelphia to sign warrants for the payment of $10,000 for Century dictionaries alleged to have been contracted for by the board of education.
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Appeal No. 354, Jan. T., 1896, by plaintiff, from decree of C. P. No. 4, Phila. Co., Dec. T., 1895, No. 486, dismissing petition for mandamus. Petition for mandamus. The petition prayed for a mandamus to compel the controller of the city of Philadelphia to sign warrants for the payment of $10,000 for Century dictionaries alleged to have been contracted for by the board of education. The return of John M. Walton, city controller, was as follows : 1. That as the city controller, it is his duty to countersign all warrants on the city treasurer, after the same have been approved by him, and to…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
Although the city of Philadelphia and the board of education are parties defendant, the only real contest is raised by the demurrer to the answer of the city controller. The answer appears to be based on a very exaggerated and erroneous idea of the controller’s powers and authority, and the claim that he is “not subject to the order or direction of the court” is not to *592be tolerated. The duties of the controller as was held in Com. v. George, 148 Pa. 463, are partly ministerial and partly discretionary, and while the courts will not review his discretion…
2Cases cited4 opinions
- Gross's LicenseSupreme Court of Pennsylvania · 1894
- Gemas's LicenseSupreme Court of Pennsylvania · 1895
- Commonwealth v. GeorgeSupreme Court of Pennsylvania · 1892
- Johnson's LicenseSupreme Court of Pennsylvania · 1893
3Cited by29 opinions
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- Homan v. MacKeySupreme Court of Pennsylvania · 1928
- Commonwealth Ex Rel. Margiotti v. CunninghamSupreme Court of Pennsylvania · 1939
- Liverpool & London & Globe Ins. v. ClunieU.S. Circuit Court for the District of Northern California · 1898
- Douglas v. McLeanSuperior Court of Pennsylvania · 1904
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