Douglas v. McLean

Citations

• 25 Pa. Super. 9
• 1904 Pa. Super. LEXIS 4

Syllabus

<p>Mandamus — Legal right — When the writ is granted — Municipal corporations — Payment of liabilities — Controller.</p> <p>The remedy by mandamus is a strictly legal one, and the decisions require that the appellant must establish a specific legal right, as well as a want of a specific legal remedy, and also that the writ will be granted only in extraordinary eases.</p> <p>It is a general rule that whenever a statute gives power to or imposes an obligation on a particular person to do some particular act or duty, and provides no specific legal remedy for nonperformance, the court will, in order to prevent a failure of justice, grant the writ to command the doing of such act or .duty..</p> <p>Whether the duty to provide for the payment of the liabilities of a municipal corporation be specifically enjoined, or whether it results from the general powers and nature of the corporation, it may, in all proper cases, be equally enforced by mandamus.</p> <p>Where the duty to be performed by a public officer is judicial or involves the exercise of discretion, mandamus will lie to compel the official to act in the premises and exercise his judgment and discretion, but will not direct how the duty shall be performed or the discretion exercised. If, however, such judgment or discretion is abused or there is a mistaken view of the law taken as applied to the admitted facts of the case, the writ will issue to compel action according to law.</p> <p>Under section 8 of the Act of June 27, 1895, P. L. 403, a county controller cannot refuse to approve and certify a bill, claim or demand, until after he has investigated the matter as indicated by the statute.</p> <p>Since the Act of June 8, 1893, P. L. 345, the return to a writ of mandamus must be positive, explicit and responsive in its recital of facts, and stated in a specific and substantial, but not argumentative manner, which upon a fair and reasonable construction may be called certain without recurring to possible facts that do