Respublica v. Clarkson

Supreme Court of Pennsylvania
Respublica v. Clarkson, 1 Yeates 46 (Pa. 1791)

Respublica v. Clarkson

Opinion of the Court

See 1 Atk. 82, where Lord Hardwicke observes, “Certifi- “ cates are matters of judgment, and I do not know that a “mandamus would lie to compel an allowance; for it is dis-‘1 cretionary in the commissioners first, and afterwards in the “Lord Chancellor; and yet it ought not to be arbitrary either ¿¿a-1 “in the ^commissioners or the Chancellor to say, we J “will, or we will not, allow a certificate; but they *49“ought to be governed entirely by fairness or fraudulent “behaviour in the bankrupt.”

Reference

Full Case Name
Respublica against Matthew Clarkson, George Hughes, Richard Bache, Peter Baynton and David Lenox, commissioners of James Newport, a bankrupt
Cited By
3 cases
Status
Published