Templeton v. Williams
Superior Court of Pennsylvania
Appeal, No. 225, Oct. T., 1908, by plaintiff, from order of C. P. Montgomery Co., Oct. T., 1908, No. 169, discharging rule for judgment for want of a sufficient affidavit of defense in case of D. F. Templeton, Jr., v. H. Calvin Williams. Rule for judgment for want of a sufficient affidavit of defense. Swartz, P. J., filed the following opinion: This is an action to recover penalties for the alleged taking of illegal fees by a justice of the peace.
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Appeal, No. 225, Oct. T., 1908, by plaintiff, from order of C. P. Montgomery Co., Oct. T., 1908, No. 169, discharging rule for judgment for want of a sufficient affidavit of defense in case of D. F. Templeton, Jr., v. H. Calvin Williams. Rule for judgment for want of a sufficient affidavit of defense. Swartz, P. J., filed the following opinion: This is an action to recover penalties for the alleged taking of illegal fees by a justice of the peace. The affidavit of defense avers that all the charges made and taken were within the fee bill of May 23, 1893, P. L. 117. The case in which the…
1Opinion of the Court
Opinion by
Rice, P. J.,
We concur with the learned judge below in his conclusion, and *275for the reason given in his opinion, that the Act of July 14,1897, P. L. 266, does not make it unlawful for a police officer who has made an arrest in a criminal case, and who testifies upon the trial of the case, to demand the statutory witness fee.
The charge of two cents, as explained in the affidavit of defense, was not for any service rendered or claimed to have been rendered by the justice, nor for any fee which he claimed was legally chargeable by him or the constable, but was made by the constable and…
2Cited by5 opinions
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- City of York v. ReihartSupreme Court of Pennsylvania · 1977
- Commonwealth v. HaskoMontgomery County Court of Quarter Sessions · 1942
- Connors's PetitionAllegheny County Court of Quarter Sessions · 1929