Shisler v. Philadelphia

Citations

• 239 Pa. 468
• 86 A. 1019
• 1913 Pa. LEXIS 591

Syllabus

<p>Mandamus — Public officer — Official acts — Want of. other remedy —Cloud on title.</p> <p>1. The writ of mandamus only issues where there is no other specific and legal remedy, or when it is expressly authorized to be issued by statute. It does not lie to compel a public officer to do any official act which the law does not impose upon him; or to discharge the duties of his office in a manner not authorized by law, or to do any' official act which the law does not expressly or by implication require such officer to perform.</p> <p>2. A writ of mandamus directing the director of public works and chief of the board of surveyors of a city of the first class to strike from the city plan certain described property of the plaintiff which had been plotted for a proposed public park without authority of law, is improperly issued where if the relator has suffered any injury by such plotting it is because a cloud has been cast upon his title.</p> <p>3. Such plans alone, unaccompanied by an appropriation of the property, have no binding effect on any ..one, not even upon tbe city itself. • •</p>