Smith v. Altoona & Philipsburg Connecting Railroad
Supreme Court of Pennsylvania
Appeal, No. 340, Jan. T., 1896, by defendant, from judgment of C. P. Clearfield Co., Feb. T., 1896, No. 146, on ease stated.
Read the full summary
Appeal, No. 340, Jan. T., 1896, by defendant, from judgment of C. P. Clearfield Co., Feb. T., 1896, No. 146, on ease stated. Case stated to determine tbe liability of tbe defendant to pay certain costs, as follows: 1. Frank Smith, tbe plaintiff above named, since tbe early part of January, 1895, bas been, and still is, tbe sheriff of Clear-field county, Pa. 2. Tbe defendant is a railroad company, organized under the laws of Pennsylvania, under tbe provisions of tbe act of tbe general assembly, of April 4, 1868, P. L. 62, and tbe acts supplementary thereto, to exist for tbe term of nine…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
All the facts in this case appear in the case stated. On them the learned judge of the court below entered judgment for plaintiff, and defendant appeals. The appeal raises but two questions :
1. Had the sheriff authority, and was it his duty, to execute his writs by going outside the boundaries of Clearfield county to the principal office of the corporation in the city of Philadelphia, and there make demand?
*1462. If he had such authority, does the law authorize him to charge fees for service of each writ and mileage thereon?
The first question is answered by an…
2Cases cited6 opinions
- Foster & Co. v. Fowler & Co.Supreme Court of Pennsylvania · 1869
- Guest v. Merion Water Co., Pennsylvania Court of Common Pleas, Montgomery County1891
- East Side Bank v. Columbus Tanning Co.Supreme Court of Pennsylvania · 1895
- Philadelphia & Baltimore Central Railroad Company's AppealSupreme Court of Pennsylvania · 1872
- Reynolds v. Reynolds Lumber Co.Supreme Court of Pennsylvania · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Strain v. KernSupreme Court of Pennsylvania · 1923
- Devers v. Scranton CitySupreme Court of Pennsylvania · 1932
- Mindlin v. O'BoyleSupreme Court of Pennsylvania · 1923
- Keim v. City of ReadingSuperior Court of Pennsylvania · 1907
- Best v. Blue Ridge Water Supply Co., Pennsylvania Court of Common Pleas, Northampton County1926
4 more not listed; retrieve them via the Exa API.