Nicely v. Raker

Opinion by

Mr. Justice Frazer,

This case is based on the facts recited in the preceding case and is an appeal from the judgment of the lower court awarding a writ of mandamus, directing defendant as county controller to approve certificate No. 1 for work done under the contract between plaintiff and the recorder of deeds of Northumberland County for the preparation of indexes, pursuant to the order-of court. Defendant’s reason for refusing to approve the certificate was that the court had not power to authorize the recorder of deeds to enter into a contract for the performance of the work, and, further, if the contract is valid, only the cost of the work as measured by expenditures made for clerks, supplies, &c., should be allowed. The court awarded the mandamus, which defendant obeyed by approving the certificate, “under protest.” Following a later order made against him requiring his approval of a subsequent certificate, from which he appealed (See preceding case) an appeal was also taken in this case.

The command of the court’s order having been com*394plied 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: 26 Cyc. 500, and cases cited. However this may be, the conclusion reached in the preceding case makes a discussion of this question unnecessary.

The judgment is affirmed.