Commonwealth ex rel. Duffy v. President of Anderson's Ferry

Supreme Court of Pennsylvania

Commonwealth ex rel. Duffy v. President of Anderson's Ferry

7 Serg. & Rawle 6, 1821 Pa. LEXIS 50

DecidedJune 1, 1821

StatusPublished

This text of 7 Serg. & Rawle 6 (Commonwealth ex rel. Duffy v. President of Anderson's Ferry) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth ex rel. Duffy v. President of Anderson's Ferry, 7 Serg. & Rawle 6, 1821 Pa. LEXIS 50 (Pa. 1821).

Pincite

Opinion

Per Curiam.

As to the judgment for 1899 dollars 20 cents, the return made by the- defendants shews sufficient cause against the mandamus. If that return is false, the injured party has his remedy by action. But as to the other sum of 4989 dollars 20 cents, the return is insufficient—It is the duty of the defendants to. give a certificate immediately; they have no discretion on that point., The certificate will be a security to the relator, and no injury to the defendants, because they return that claim, as being in dispute—-and it is a case expressly provided for by the Act of Assembly-—as to the certificate for that sum therefore, it. is the opinion of the Court that a peremptory mandamus be issued.

Peremptory mandamus awarded.

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Per Curiam.

As to the judgment for 1899 dollars 20 cents, the return made by the- defendants shews sufficient cause against the mandamus. If that return is false, the injured party has his remedy by action. But as to the other sum of 4989 dollars 20 cents, the return is insufficient—It is the duty of the defendants to. give a certificate immediately; they have no discretion on that point., The certificate will be a security to the relator, and no injury to the defendants, because they return that claim, as being in dispute—-and it is a case expressly provided for by the Act of Assembly-—as to the certificate for that sum therefore, it. is the opinion of the Court that a peremptory mandamus be issued.

Peremptory mandamus awarded.

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Bluebook (online)

7 Serg. & Rawle 6, 1821 Pa. LEXIS 50, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-ex-rel-duffy-v-president-of-andersons-ferry-pa-1821.