McCallister v. Armstrong County
Superior Court of Pennsylvania
Appeal No. 89, April T., 1898, by plaintiff, from judgment of C. P. Armstrong Co., Sept. T., 1897, No. 8, in favor of defendant on case stated. Case stated. Before Rayburn, P. J. It appears from the case stated that this case arose concerning the fees and mileage or amount thereof and expenses which the county should pay constables for certain services performed by them in the discharge of their official duty.
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Appeal No. 89, April T., 1898, by plaintiff, from judgment of C. P. Armstrong Co., Sept. T., 1897, No. 8, in favor of defendant on case stated. Case stated. Before Rayburn, P. J. It appears from the case stated that this case arose concerning the fees and mileage or amount thereof and expenses which the county should pay constables for certain services performed by them in the discharge of their official duty. In the case stated the plaintiff claimed mileage at the rate of ten cents circular, also for the amount of fifty cents paid to a justice of the peace of Indiana county for indorsing a…
1Opinion of the Court
Opinion by
Rice, P. J.,
1. A constable cannot be compelled to serve a subpoena issued from the office of the prothonotary or of the clerk of the quarter sessions for the attendance of witnesses at court. He may do so, as, indeed, any private citizen may, but for such service he is compensated, not according to the Act of May 23,1893, P. L. 117, but according to the sheriff’s fee bill. He is entitled to the fee which the sheriff, or any person acting in his stead, is entitled to, namely fifteen cents for each person served. The fee for serving a subpoena issued by a justice of the peace is fixed…
2Cases cited11 opinions
- Wayne County v. WallerSupreme Court of Pennsylvania · 1879
- County of Lehigh v. SemmelSupreme Court of Pennsylvania · 1889
- Fenner v. Luzerne CountySupreme Court of Pennsylvania · 1895
- Hays v. Cumberland CountySuperior Court of Pennsylvania · 1897
- Price v. County of LancasterSupreme Court of Pennsylvania · 1899
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kottcamp v. York CountySuperior Court of Pennsylvania · 1905
- McClain v. Lawrence CountySuperior Court of Pennsylvania · 1900
- Commonwealth v. Gray, Pennsylvania Court of Common Pleas, Dauphin County1989
- Stryker v. Lycoming CountySuperior Court of Pennsylvania · 1902
- Burrell v. Bolling, Pennsylvania Court of Common Pleas, Westmoreland County1933
2 more not listed; retrieve them via the Exa API.