Legal Opinion

Megargell v. Hazleton Coal Co.

Supreme Court of Pennsylvania

Decided March 15, 1845PublishedCited by 3 opinions

ERROR to the Common Pleas of Northampton county. John Megargell against the Hazleton Coal Company. This case was before in this court, and is reported in 4 Watts Serg. 424. It originated before a justice of the peace, and was brought to recover the penalty of fifty dollars, mentioned in the 2d section of the Act of 22d March 1817, entitled “ An Act to prevent the making, issuing, reissuing and circulating certain description of notes and tickets in the nature of bank notes,…

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ERROR to the Common Pleas of Northampton county. John Megargell against the Hazleton Coal Company. This case was before in this court, and is reported in 4 Watts Serg. 424. It originated before a justice of the peace, and was brought to recover the penalty of fifty dollars, mentioned in the 2d section of the Act of 22d March 1817, entitled “ An Act to prevent the making, issuing, reissuing and circulating certain description of notes and tickets in the nature of bank notes, and for other purposes.” The justice rendered the following judgment, prout the transcript: — “ And now, Nov. 13, 1840,…

1Opinion of the Court

The opinion of the court was delivered by

Rogers, J.

A common informer may bring an action in his own name, whether the penalty be given to him in whole or in part, and that without any positive direction in the Act imposing the penalty. But in the Act on which this suit is brought, the penalty is to be recovered by any person suing for the same; and in the 4th section, the sum, when recovered, is ordered to be paid, one-half to the person or persons suing for the same, &c., and the other half to the treasurer or county commissioners. Independently, therefore, of the general principle, the…

2Cases cited1 opinion

  1. Caswell v. AllenNew York Supreme Court · 1813

3Cited by3 opinions

  1. Marra v. Burgdorf Realtors, Inc.District Court, E.D. Pennsylvania · 1989
  2. Stearns v. WrightSupreme Court of New Hampshire · 1870
  3. Falk v. Curtis Pub. Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1900

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