Legal Opinion

County of Franklin v. Conrad

Supreme Court of Pennsylvania

Decided July 1, 1860PublishedCited by 4 opinions

Error to the Common Pleas of PranMin county. This was an amicable action of debt by Jacob Conrad against The County of Franklin, to recover his fees for attendance at the Court of Quarter.

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Error to the Common Pleas of PranMin county. This was an amicable action of debt by Jacob Conrad against The County of Franklin, to recover his fees for attendance at the Court of Quarter. Sessions of the said county, on the trial of one Jesse Kean, Jr., on an indictment for perjury, as a witness on behalf of the defendant.' ‘ The parties agreed upon a case stated, in which the following facts were embodied: — , On the 9th August 1858, Jesse Kean, Jr., was tried in the Court of Quarter Sessions on an indictment for perjury. The petit jury acquitted him, and directed the costs of prosecution…

1Opinion of the Court

The opinion of the court was delivered by

Woodward, J.

The recovery and payment of costs in criminal cases, are so entirely dependent on statutory regulations in Pennsylvania, that it is indispensable for every claimant to be able to point to the statute which entitles him to receive what he claims. The defendant in error, plaintiff below, was one of the witnesses of a party indicted and tried for perjury. The jury acquitted the accused, and directed that the county pay the costs of prosecution. The Act of Assembly of 8th December 1804, authorized such a verdict; but the plaintiff was not a…

2Cited by4 opinions

  1. Commonwealth v. GarramoneSuperior Court of Pennsylvania · 1934
  2. Long v. Lancaster CountySuperior Court of Pennsylvania · 1901
  3. Commonwealth v. FeralioMontgomery County Court of Oyer and Terminer · 1943
  4. Commonwealth v. MourtonLehigh County Court of Quarter Sessions · 1955

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