Damian v. Hernon

Opinion by

Baedrige, J.,

The plaintiff brought this action in assumpsit against the defendant to recover the sum of $300, with interest from May 7, 1930, as a penalty for illegal fees charged and collected in an action tried before the defendant as a justice of the peace.

The learned court below held that although the fees charged and received were concededly illegal and excessive, the plaintiff failed to give the preliminary notice to the defendant of his intention to proceed against him, as required by the Act of March 21, 1772, 1 Smith Laws 364 (2d Purdon, 13th Ed. 2162). Under that statute…