Baldwin v. Cash
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Bradford county. Ethan Baldwin against David Cash. This suit was brought to recover a penalty of $50 for taking illegal fees. David Cash, the defendant, was prothonotary of the county, and received from the plaintiff $1.87|- for entering three transcripts upon the docket. The allegation of the plaintiff was that the docket was not such a one as the law requires, and that the defendant received the fees before the services were rendered.
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ERROR to the Common Pleas of Bradford county. Ethan Baldwin against David Cash. This suit was brought to recover a penalty of $50 for taking illegal fees. David Cash, the defendant, was prothonotary of the county, and received from the plaintiff $1.87|- for entering three transcripts upon the docket. The allegation of the plaintiff was that the docket was not such a one as the law requires, and that the defendant received the fees before the services were rendered. The court below (Conyngham, President) instructed the jury that the plaintiff was not'entitled to recover, 1. Because it was no…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The Act of 29th March 1827, sec. 3, requires the prothonotary to keep a docket, to be called the judgment docket, into which is to be copied the entry of every judgment and every award of arbitrators, immediately after the same shall have been entered; and the last clause of the section directs that *428the fee for all the entries made in each case in the judgment docket shall be 12j- cents, and no more. In the present case, the prothonotary, it is alleged, demanded and received these fees for entering judgments on transcripts from a justice of…
2Cited by1 opinion
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