Perce v. Hallett

This case comes up from the Court of Common Pleas on exceptions to an order of that court dismissing the action, on motion of the clerk at the defendant’s request, for nonpayment of the entry fee prescribed by statute. The plaintiff contends that the statute is void for repugnance to the Constitution of the State, art. 1, § 5, which declares that every person within the State “ought to' obtain right and justice freely and without purchase; completely and without denial; promptly and without delay; conformably to the law.” He contends that to exact the fee is to sell justice. The argument is…