O'Leary v. Northumberland County
Superior Court of Pennsylvania
Appeal, No. 210, Oct. T., 1903, by defendant, from judgment of C. P. Northumberland Co., Sept. T., 1903, No. 202, for plaintiff on case stated in suit of Michael O’Leary v. Northumberland County. Case stated to determine the liability of the county for fees for serving subpoenas. Before Savidge, P. J. From the case stated it appeared that the plaintiff had served the subpoenas at the instance of the district attorney.
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Appeal, No. 210, Oct. T., 1903, by defendant, from judgment of C. P. Northumberland Co., Sept. T., 1903, No. 202, for plaintiff on case stated in suit of Michael O’Leary v. Northumberland County. Case stated to determine the liability of the county for fees for serving subpoenas. Before Savidge, P. J. From the case stated it appeared that the plaintiff had served the subpoenas at the instance of the district attorney. The court entered judgment for plaintiff for $67.80. Defendant appealed. Error assigned was in entering judgment for plaintiff.
1Opinion of the Court
Opinion by
Beaver, J.,
As intimated in an opinion just filed in No. 209 of October term, 1903, there is no exclusive right inhering in, and no exclusive duty imposed by statute upon, the sheriff of the county to serve subpoenas. They are not directed to the sheriff and the service made by any other officer or by a party interested in the suit is universally recognized as good and will be enforced by attachment.
The Act of July 11, 1901, P. L. 663, fixes the fees to be charged by the sheriff for serving a subpoena. It does not, however, confer any exclusive right .upon him to make such service.…
2Cited by3 opinions
- Kottcamp v. York CountySuperior Court of Pennsylvania · 1905
- Burrell v. Bolling, Pennsylvania Court of Common Pleas, Westmoreland County1933
- Kerr v. Sun Co.Superior Court of Pennsylvania · 1906