Legal Opinion

Codding v. Bradford County

Supreme Court of Pennsylvania

Decided April 11, 1887No. 337PublishedCited by 4 opinions

No. 337 January Term 1877, Sup. Ct.; Court below, No. 291 May Term 1886, C. P. The proceeding in the Court below was a case stated wherein John A. Codding was plaintiff and the county of Bradford defendant, giving the facts following: The plaintiff is a justice of the peace in and for Bradford county, Pennsylvania, residing at Towanda borough in said county, duly commissioned and qualified.

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No. 337 January Term 1877, Sup. Ct.; Court below, No. 291 May Term 1886, C. P. The proceeding in the Court below was a case stated wherein John A. Codding was plaintiff and the county of Bradford defendant, giving the facts following: The plaintiff is a justice of the peace in and for Bradford county, Pennsylvania, residing at Towanda borough in said county, duly commissioned and qualified. That, on January 6, 1886, the plaintiff presented to the commissioners of said county a transcript of a criminal proceeding had before him, hereto attached, and hereby made a part of this case stated,…

1Opinion of the Court

Opinion,

Mr. Justice Trunkey:

It has long been the policy of the commonwealth not to discourage good faith criminal prosecutions, nor to oppress innocent persons accused of crime, nor to make it the pecuniary advantage of magistrates to hold an accused person for' trial. The Act of 1791 provides that, when a person charged with crime is brought before a magistrate and it appears that the charge is unfounded, upon his discharge the costs shall be paid by the city or county.

The provisions of the Act of 1860, so far as they relate to costs, are mainly re-enactments of prior statutes. Full power is…

2Cited by4 opinions

  1. Commonwealth v. GarramoneSuperior Court of Pennsylvania · 1934
  2. Commonwealth v. BauderLehigh County Court of Quarter Sessions · 1958
  3. Barrett v. Stutsman CountyNorth Dakota Supreme Court · 1894
  4. County of Bradford v. WellsSupreme Court of Pennsylvania · 1889

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