AHERN v. McHENRY


405 Pa. 419 (1962)

Ahern v. McHenry, Appellant.

Supreme Court of Pennsylvania.

January 2, 1962.


Attorney(s) appearing for the Case

Levy Anderson, First Deputy City Solicitor, with him Clyde W. McIntyre, Harry Wolov and Matthew W. Bullock, Jr., Assistant City Solicitors, James L. Stern, Deputy City Solicitor and David Berger, City Solicitor, for City of Philadelphia, appellant.

James Francis Lawler, with him Ostroff, Lawler & Baker, for appellees.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and ALPERN, JJ.


OPINION BY MR. CHIEF JUSTICE BELL, January 2, 1962:

This is an appeal by the City Commissioners of Philadelphia from an Order in mandamus by the Court of Common Pleas No. 4 to enforce a decree of the Court of Quarter Sessions. The actions of the lower Courts in connection with a division of the 22nd Ward have produced a comedy of confusion, but the relevant facts may be briefly summarized as follows:

On September 13...

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