Hester's Case
Cases that cite this one
7 later published cases cite this decision.
- Homan v. Mackey (Pa. 1928)
- Homan v. Mackey (Philadelphia County Court of Common Pleas 1928)
- Wheelock v. Auditor of Suffolk County (Mass. 1881)
- Overseers of Porter Township v. Overseers of Jersey Shore (Pa. 1876)
- Commonwealth ex rel. O'Connor v. McCuen (Pa. 1874)
- Adams v. County Commissioners of Hampden (Mass. 1860)
- Shell v. Commissioners of Dauphin County (Dauphin County Court of Common Pleas 1855)
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 established rule of law which has been constantly recognised and acted on by this court, is, that a mandamus will not be granted where there is a specific remedy by action. Commonwealth v. Rosseter, (2 Binn. 362). To determine whether the county commissioners are bound to pay this bill, the party has a remedy by action. He must first sue the county commissioners, and recover against them, before he can apply here for a mandamus.
Motion refused.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.