Legal Opinion

Commonwealth v. Black

Supreme Court of Pennsylvania

Decided January 6, 1902No. Appeal, No. 129PublishedCited by 36 opinions

Appeal, No. 129, Oct. T., 1900, by plaintiff, from order of O. P. No. 2, Allegheny Co., July T., 1900, No. 500, dismissing petition for mandamus in case of Commonwealth ex rel. John C. Hay-maker, District Attorney of Allegheny County, v. R. J. Black, Mayor, and Patrick Morrisey, Chief of Police of City of McKeesport. Petition for mandamus.

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Appeal, No. 129, Oct. T., 1900, by plaintiff, from order of O. P. No. 2, Allegheny Co., July T., 1900, No. 500, dismissing petition for mandamus in case of Commonwealth ex rel. John C. Hay-maker, District Attorney of Allegheny County, v. R. J. Black, Mayor, and Patrick Morrisey, Chief of Police of City of McKeesport. Petition for mandamus. From the record it appeared that the petition was filed to compel the defendants to place the names of certain persons on the roll of police officers of the city of McKeesport; to recognize the said parties as members of the police force of said city; and…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

Since the decision of this case by the learned court below, the whole substance of the litigation has been taken out of it by the repeal of the statute under which it arose. It is there*435fore unnecessary for us to discuss at much length the result at which we have arrived.

Section 4 of article 7 of the Act of May 23, 1889, P. L. 299, for the government of cities of the third class, provided that the “ council shall fix by ordinance the number, rank and compensation of the members of the city police force, and prescribe all necessary rules and regulations for the…

2Cases cited2 opinions

  1. Houseman v. Commonwealth ex rel. TenerSupreme Court of Pennsylvania · 1882
  2. Lane v. Commonwealth ex rel. Attorney GeneralSupreme Court of Pennsylvania · 1883

3Cited by36 opinions

  1. Richie v. PhiladelphiaSupreme Court of Pennsylvania · 1909
  2. Georges Township School DirectorsSupreme Court of Pennsylvania · 1926
  3. McCartney v. JohnstonSupreme Court of Pennsylvania · 1937
  4. Truitt v. PhiladelphiaSupreme Court of Pennsylvania · 1908
  5. Finley v. McNairSupreme Court of Pennsylvania · 1934

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