Miller v. Hastings Borough
Superior Court of Pennsylvania
Appeal, No. 37, April T., 1904, by defendant, from judgment of C. P. Cambria Co., June T., 1902, No. 99, on verdict for plaintiff in case of Henry L. Miller v. Hastings Borough. Appeal from justice of the peace. Before O’Conneb, P. J. The facts are stated in the opinion of the Superior Court. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for 176.12. Defendant appealed.
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Appeal, No. 37, April T., 1904, by defendant, from judgment of C. P. Cambria Co., June T., 1902, No. 99, on verdict for plaintiff in case of Henry L. Miller v. Hastings Borough. Appeal from justice of the peace. Before O’Conneb, P. J. The facts are stated in the opinion of the Superior Court. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for 176.12. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Smith, J.,
This action is to recover the costs and an attorney fee paid by the plaintiff in a prosecution against him for assault and battery, wherein he was acquitted but directed to pay one half *571the costs, to which is here added his attorney’s fee. This ease had its inception in an arrest by the plaintiff, while acting as a police officer, appointed by the council of the borough of Hastings, and the subsequent arrest of the offender in an adjoining county, followed by the arrest and prosecution of the plaintiff in Clearfield county where the costs here sued for were made.
The…
2Cases cited9 opinions
- Fox v. Northern LibertiesSupreme Court of Pennsylvania · 1841
- Elliott v. City of PhiladelphiaSupreme Court of Pennsylvania · 1874
- Commonwealth v. KocherSuperior Court of Pennsylvania · 1903
- Borough of Millerstown v. BellSupreme Court of Pennsylvania · 1889
- Wright v. CommonwealthSupreme Court of Pennsylvania · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Commonwealth v. JokiSupreme Court of Pennsylvania · 1984
- Commonwealth v. HarrisonSuperior Court of Pennsylvania · 1957
- City of Nampa v. KiblerIdaho Supreme Court · 1941
- Fiorelli v. City of ChesterCommonwealth Court of Pennsylvania · 1978
- Jenkins Sportswear v. City of Pittston, Pennsylvania Court of Common Pleas, Luzerne County1960
3 more not listed; retrieve them via the Exa API.