Widening of Conshohocken Avenue

Citations

• 12 Pa. Super. 573
• 1900 Pa. Super. LEXIS 277

Syllabus

<p>Mandamus execution — 'Discretion of court — Appeal operates as a certiorari.</p> <p>A mandamus execution is not a •writ which issues of course at the suggestion of the plaintiff, nor as a matter of strict legal right. Its allowance is within the discretion of the court.</p> <p>An appeal from the exercise of the discretion in granting or refusing a mandamus execution operates merely as a certiorari, and the appellate court will consider only the jurisdiction of the court and the regularity of the proceedings as shown by the record.</p> <p>Appeals — Discretion of court — Presumption.</p> <p>The appellate court will always give effect to the presumption of foundation in fact and sufficiency of reason which must always be held to attach to the action of a court of competent jurisdiction, acting within the limits of its discretion, when nothing to the contrary appears on the record.</p> <p>Road, law — Refusing mandamus — Revieiu.</p> <p>In the ease at bar the appellate court on appeal refused to review the discretion of the court below vacating an order awarding a writ of mandamus execution, and refusing a rule to show cause why an alias mandamus should not issue to enforce payment of an award of a jury of view.</p>