Legal Opinion

Apple v. Rambo

Supreme Court of Pennsylvania

Decided December 15, 1849PublishedCited by 3 opinions

Error to tbe Common Pleas, Philadelphia. This action was brought for the recovery of the penalty of $50, for taking illegal fees, the defendant being an alderman of the county of Philadelphia. The following is a copy of the notice served on the defendant:. To John Apple, Esq., one of the Justices of the Peace of Philadelphia county.

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Error to tbe Common Pleas, Philadelphia. This action was brought for the recovery of the penalty of $50, for taking illegal fees, the defendant being an alderman of the county of Philadelphia. The following is a copy of the notice served on the defendant:. To John Apple, Esq., one of the Justices of the Peace of Philadelphia county. Sra: — According to the provision of the act of assembly, I hereby give you notice that I shall as the attorney of John Rambo, commence an action of debt against you at the expiration of thirty days from this time, the cause of action which the said John Rambo has…

1Opinion of the Court

The opinion of the Court was delivered by

Ro&ers, J.

To discourage vexatious suit against Justices of the Peace, the act of 21 March, 1772, directs, that before any suit shall be brought against such justice, for any thing done in the execution of his office, notice in writing shall be given, for at least thirty days before suing out or serving the process. The act directs that the notice shall clearly and explicitly contain the cause of action, and the name of his agent or attorney, with the place of his abode, endorsed on the back of the notice. The cause of action here appears to be clearly…

2Cited by3 opinions

  1. Damian v. HernonSuperior Court of Pennsylvania · 1931
  2. Barnett v. CainSuperior Court of Pennsylvania · 1912
  3. RAYMOND HANDLING CONCEPTS CORP. v. INVATA, LLCDistrict Court, E.D. Pennsylvania · 2023

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