Bartolett v. Achey
Supreme Court of Pennsylvania
Error to the Common Pleas of Schuylkill county. This was an action of debt, brought originally before a justice of the peace by Joseph Achey against Abraham Bartolett, to recover the penalty imposed by the Act of Assembly for taking illegal fees, and which came into the Common Pleas by appeal. The material facts of the case were these: Bartolett was a justice of the peace, before whom two suits were brought, August 28th 1858, against Achey, by William Becker.
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Error to the Common Pleas of Schuylkill county. This was an action of debt, brought originally before a justice of the peace by Joseph Achey against Abraham Bartolett, to recover the penalty imposed by the Act of Assembly for taking illegal fees, and which came into the Common Pleas by appeal. The material facts of the case were these: Bartolett was a justice of the peace, before whom two suits were brought, August 28th 1858, against Achey, by William Becker. The plaintiff recovered judgment in both cases, and it was in these cases that the illegal fees were said to have been taken. On the…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, J.
— This was an action of debt for the recovery of two penalties for taking illegal fees, begun before a justice of the peace by the defendant in error against the plaintiff in error, also a justice of the peace. It was long ago determined that such a demand was within the jurisdiction of a justice of the peace: Prior v. Craig, 5 S. & R. 44. There have been many cases since, begun in the same way and sustained; the last of which in our books is Simmonds v. Kelly, 9 Casey 190.
No good reason has been given why a claim for two penalties may not…
2Cited by12 opinions
- Commonwealth v. GougerSuperior Court of Pennsylvania · 1902
- Geffen v. Baltimore Markets, Inc.Supreme Court of Pennsylvania · 1937
- Commonwealth v. MillerSuperior Court of Pennsylvania · 1906
- Commonwealth v. ZangSuperior Court of Pennsylvania · 1940
- Commonwealth v. ShieldsSuperior Court of Pennsylvania · 1912
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