Com. ex rel. Hoopes v. Thomas

Citations

• 163 Pa. 446
• 30 A. 206
• 1894 Pa. LEXIS 1201

Syllabus

<p>Mandamus—Register of wills—Certifying disputed questions—Jurisdiciio n—Practice—Appeal.</p> <p>In all cases where full and ample remedy maybe had either by appeal, writ of error, or otherwise, from a judgment, decree or order of a subor'dinate court, mandamus will not lie.</p> <p>Where an appeal lias been taken from an order of the register of wills vacating and annulling the pi'obate of a will, and admitting to probate another paper as the real will, mandamus will not lie to compel the register to certify to the orphans’ court questions which are necessarily involved in the appeal.</p> <p>The act of the register of wills in certifying disputed questions to the orphans’court is not a judicial but a ministerial act,-which the common pleas may compel the register to perform, if it is a necessary step to a ■proper adjudication of the dispute.</p>