Commonwealth ex rel. Menges v. Huttel

Citations

• 4 Pa. Super. 95
• 1897 Pa. Super. LEXIS 88

Syllabus

<p>Actions — Mandamus ■■ Landlord and tenant - Exemption appraisement.</p> <p>A mandamus will not lie to compel a constable, charged with the execution oí a landlord’s warrant, to have an appraisement made of goods elected to be retained by the tenant under the $800 exemption law of April 9, 1849, P. L. 533, except, possibly, in cases where the ordinary remedies would be wholly inadequate. In the case at bar no facts are alleged which make this case exceptional.</p> <p>Practice, O. P — Actions—Mandamus—Parties.</p> <p>Except where the writ of mandamus is sought to enforce a public duty or a duty affecting a particular public interest of the state the proceeding, like an ordinary action, is prosecuted in the name of the party instituting it as plaintiff and not in the name of the commonwealth as formerly.</p> <p>Mandamus — Impropriety of joining separate interests — Practice, G. P.</p> <p>Where the distinct rights of two or more persons areimproperly joined, a writ of mandamus is liable to be either superseded or quashed. There should be several writs according to the several interests.</p>