Baldwin v. Cash
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Bradford county. Ethan Baldwin against David Cash. The plaintiff being an attorney-at-law, in bringing an action of replevin “for Abigail Swartout against' Frederick Fisher, was charged and paid to1 the defendant; who was the prothonotary, fl.25 for the writ; for which he brought this suit to recover the penalty of- $50 imposed for taking .illegal fees.
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ERROR to the Common Pleas of Bradford county. Ethan Baldwin against David Cash. The plaintiff being an attorney-at-law, in bringing an action of replevin “for Abigail Swartout against' Frederick Fisher, was charged and paid to1 the defendant; who was the prothonotary, fl.25 for the writ; for which he brought this suit to recover the penalty of- $50 imposed for taking .illegal fees. Two questions were raised i first, can the plaintiff maintain the suit in his own name, or must'it be in the name of his ¡client ? Secondly, may the prothonotary charge 75 cents for the writ of replevin, in…
1Opinion of the Court
*426The opinion of the Court was delivered by
Sergeant, J.
The question in this case is, whether a writ of
replevin is to be ranked as a summons, or as another writ, in the construction of the Act relative to the fees which the prothonotary may charge and take; and we think it is more properly to be classed as the latter than the former. It is true, every writ of replevin directs the sheriff to summon the defendant in the writ, and that the writ of replevin is not regarded in Pennsylvania altogether as a proceeding in rent, but is a proceeding also against the' defendant in the writ personally; and…
2Cases cited2 opinions
- Weaver v. LawrenceSupreme Court of the United States · 1785
- Bower v. TallmanSupreme Court of Pennsylvania · 1843
3Cited by2 opinions
- Kaufmann and Baer Co. v. LandauSuperior Court of Pennsylvania · 1928
- Hoyt v. CarsonSuperior Court of Pennsylvania · 1915