Commonwealth ex rel. Inspectors of the Philadelphia Prison v. Commissioners of Allegheny County

Supreme Court of Pennsylvania
Commonwealth ex rel. Inspectors of the Philadelphia Prison v. Commissioners of Allegheny County, 16 Serg. & Rawle 317 (Pa. 1827)
1827 Pa. LEXIS 85

Commonwealth ex rel. Inspectors of the Philadelphia Prison v. Commissioners of Allegheny County

Opinion of the Court

Per Curiam.

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.

Reference

Full Case Name
The COMMONWEALTH, at the Relation of the Inspectors of the Philadelphia Prison, against The Commissioners of Allegheny County
Cited By
1 case
Status
Published