Breslin v. Earley

Citations

• 36 Pa. Super. 49
• 1908 Pa. Super. LEXIS 109

Syllabus

<p>Boroughs — Borough president and treasurer — Payment of borough debt— Refusal of president to sign order — Mandamus.-</p> <p>Payments of the debts of a borough lawfully incurred in the daily administration of its affairs, is purely ministerial, and ordinarily involves no executive action, but devolves upon the council and the treasurer.</p> <p>■ Where a borough council has ordered the payment of a debt due by the borough on a building contract, and the borough president refuses to sign an order for the payment, on the ground that in his judgment the contract was not properly performed, the president may be compelled by mandamus to sign the order, inasmuch as the signing of the order is a mere ministerial act, and it is not the judgment of the president, but it is that of the council which determines that the bill should be paid.</p> <p>One of the most common uses of the writ of mandamus is to enforce obedience of officers who decline performing a mere ministerial act, and where such an act is to be done, a specific duty or act enjoined, and there is no other specific remedy, performance will be compelled by mandamus.</p>