Johnson's Administrator v. Kelly
Cases that cite this one
1 later published case cites this decision.
- Mason v. Frick (Pa. 1884)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The defendants are public officers. Ifitbetrue that their refusal deprived the plaintiff of a right to the money, they *should be compelled to pay by mandamus. They cannot be [354 made liable in an action on the case, unless they have acted wilfully and oppressively. There is no evidence upon that point.
Nonsuit ordered.
[Officer not suable for not paying unless malicious — remedy is mandamus, approved; Bates v. Fries, 3 W. L. G. 385, 388 s. c.; 2 Disney, 511, 516.]
Case-law data current through December 31, 2025. Source: CourtListener bulk data.