Erhardt v. Salwen

Leach, P. J.,

This is a suit by a constable to collect unpaid fees on judgments recovered by plaintiff before an alderman. The affidavit of defense sets forth an illegal custom of long standing, that plaintiffs do not pay fees unless the money is recovered on the alderman’s judgment. This custom makes the alderman a party in interest with the plaintiff in suits, and is illegal.

*152The constable fees may be recovered by suit before the justice: Lyon et al. v. M’Manus, 4 Binn. 167; Harris v. Christian, 10 Pa. 233. Particularly in cases where there is a judgment of non pros the officer may recover.…