2 Watts & Serg. 416
Decided December 15, 1841
Supreme Court of Pennsylvania · decided 1841-12-15
applied to the court to award a mandamus to the commissioners of the county of Philadelphia to pay the amount of a bill alleged to be due to the complainant by them for carrying prisoners to and from the jail and court, during the sitting of the Court of General Sessions.
Cited by 1 later decisions — most recently March 1881
1 state decisions
Relies on Commonwealth v. Rosseter
Good law ✅— No negative treatment on recordhow we know
Decided 1841-12-15
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¶1The 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.
¶2Motion refused.