Commonwealth ex rel. Whalen v. Banmiller

Opinion

Per Curiam,

This Court has not permitted the filing of appeals in habeas corpus cases without the payment of the $12 filing fee required by the Act of May 19, 1897, P. L. 67, §3, 12 PS §1135. Unless this act is unconstitutional as applied to this case, it is our duty to follow it, and to require the payment of the fee prescribed by the legislature.

Numerous efforts have been made by prisoners to file appeals from the orders of the courts of common pleas in habeas corpus cases without paying the filing fee. In many of these cases the prisoners have asked the Supreme Court of Pennsylvania,…