Nicely v. Raker

Citations

• 250 Pa. 392
• 95 A. 558
• 1915 Pa. LEXIS 956

Syllabus

<p>Public officers — County controller — Discretion—Refused to approve certificate —Mandamus—Act of May 26, 1891, P. L. 129— Appeals.</p> <p>1. Where a county controller has refused to approve a certificate entitling plaintiff to certain payments for work done by him in the preparation of indexes in the office of the recorder of deeds of a county, under a contract with him made pursuant to an order of the court, on the ground that the court had no authority to make the order, which authority is conferred by the Act of May 26, 1891, P. L. 129, a writ of peremptory mandamus will issue, requiring him to approve the certificate.</p> <p>2. In such case where the command of the lower court is complied with the general rule seems to be that the question of whether or not the writ was properly granted will not be reviewed by the appellate court.</p>