Legal Opinion

Aechternacht v. Watmough

Supreme Court of Pennsylvania

Decided December 15, 1844PublishedCited by 4 opinions

ERROR to the Common Pleas of Philadelphia County. This was an action of debt to recover a penalty, brought by Frederick A. Aechternacht against John G. Watmough, sheriff.

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ERROR to the Common Pleas of Philadelphia County. This was an action of debt to recover a penalty, brought by Frederick A. Aechternacht against John G. Watmough, sheriff. The declaration averred that, on the 31st day of August, 1838, within six months next preceding the commencement of this suit, the said defendant then being high sheriff aforesaid, as such did demand and take from the said plaintiff a certain sum, to wit, the sum of five dollars, as fees for services done by the said defendant in his said office of sheriff, under and by virtue of a certain writ of fieri facias, which was…

1Opinion of the Court

The opinion of the Court was delivered by

Rogers, J.

If, as has been contended, the sheriff incurs a penalty by taking from a suitor a sum which in the aggregate is greater in amount than he is entitled to exact for the services performed, the court was wrong in arresting the judgment; otherwise the judgment must bev affirmed. The pleader seems to have been under the impression that all that is necessary for the plaintiff to prove was, that the sum paid exceeded the fees allowed by the fee-bill for all the services performed by the officer in the execution of his duty. It was under this…

2Cases cited1 opinion

  1. Bigelow v. JohnsonNew York Supreme Court · 1816

3Cited by4 opinions

  1. Overholtzer v. McMichaelSupreme Court of Pennsylvania · 1848
  2. Falk v. Curtis Pub. Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1900
  3. Wilson v. BarrettSuperior Court of Pennsylvania · 1903
  4. Ross v. PalmerSupreme Court of Pennsylvania · 1846

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