Montgomery v. Poorman
Supreme Court of Pennsylvania
ERROR to the common pleas of Westmoreland county. Peter Poorman’s Executors against Robert Montgomery, Esq. The defendant was a justice of the peace, and this action was brought against him to recover money which he had collected in his official capacity for the plaintiffs.
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ERROR to the common pleas of Westmoreland county. Peter Poorman’s Executors against Robert Montgomery, Esq. The defendant was a justice of the peace, and this action was brought against him to recover money which he had collected in his official capacity for the plaintiffs. The defence was, the justice of the peace before whom the action originated had not jurisdiction; that the .only remedy for the recovery of the money, was that afforded by the act of the 28th of March 1820. The court below was of opinion, that the remedy under that act was cumulative, and not exclusive, and permitted the…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
The 11th section of the act of the 20th of March 1810 directs, that every justice of the peace who renders judgment shall receive the amount of the judgment, if offered by the.defendant or his agent before execution, and pay the same over to the plaintiff, or his agent, when required. For this service, the justice is allowed a reasonable compensation, and his neglect or refusal to pay over the money on demand, is declared to be a misdemeanor in office. The nonpayment of the money is a breach of an official duty, and therefore is not embraced…
2Cases cited4 opinions
- Wise v. WillsSupreme Court of Pennsylvania · 1828
- Lee v. WilcocksSupreme Court of Pennsylvania · 1819
- Zeigler v. GramSupreme Court of Pennsylvania · 1825
- Shaeffer v. JackSupreme Court of Pennsylvania · 1826
3Cited by8 opinions
- Oppenheimer v. ReganMontana Supreme Court · 1905
- Birkhead v. WardSuperior Court of Pennsylvania · 1908
- Fisher's PetitionSupreme Court of Pennsylvania · 1942
- Seitzinger v. SteinbergerSupreme Court of Pennsylvania · 1849
- Conn v. StummSupreme Court of Pennsylvania · 1854
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