Commonwealth ex rel. Inspectors of the Philadelphia Prison v. Commissioners of Allegheny County
This text of 16 Serg. & Rawle 317 (Commonwealth ex rel. Inspectors of the Philadelphia Prison v. Commissioners of Allegheny County) 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.
Opinion
The extraordinary powers of this court, are to be put in requisition, only where a remedy is not to be had in the usual course of the law. The account presented to the respondents, although duly authenticated, is not conclusive; and a jury alone is competent to determine the propriety of the charges. The remedy, in the first instance, is by action against the respondents in their corporate capacity; after which a mandamus to enforce the judgment, might be altogether proper: but, before the merits are determined in the usual way, an application like the present is premature.
Rule discharged.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
16 Serg. & Rawle 317, 1827 Pa. LEXIS 85, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-ex-rel-inspectors-of-the-philadelphia-prison-v-commissioners-pa-1827.