Supreme Court of Pennsylvania, 1841

Hester's Case

Hester's Case
Supreme Court of Pennsylvania · Decided December 15, 1841
2 Watts & Serg. 416
Hester's Case

Cases that cite this one

7 later published cases cite this decision.

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Opinion of the Court

Per Curiam.

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.

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