Supreme Court of Pennsylvania, 1791

Respublica v. Clarkson

Respublica v. Clarkson
Supreme Court of Pennsylvania · Decided July 15, 1791
1 Yeates 46

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.”

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