Curry v. Carrol
Supreme Court of Pennsylvania
ERROR to the common pleas of Alleghany county. William Carrol against Robert Curry, a justice of the peace. Action for taking illegal fees. In a suit pending before the justice against William Carrol, a judgment was entered for the debt and costs, which the defendant paid. The items of costs received by the justice were set out upon his docket; and among them was a charge of 18 cents for swearing six witnesses.
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ERROR to the common pleas of Alleghany county. William Carrol against Robert Curry, a justice of the peace. Action for taking illegal fees. In a suit pending before the justice against William Carrol, a judgment was entered for the debt and costs, which the defendant paid. The items of costs received by the justice were set out upon his docket; and among them was a charge of 18 cents for swearing six witnesses. The allegation by the plaintiff in this case was, that but four witnesses were sworn; and he gave notice to the justice, such as the act of assembly requires, and instituted this…
1Per curiam
The defence attempted rests on the imputation of mistake; for it will not be pretended that a wilful overcharge in one item may be compensated by an undercharge, or an omission to charge, in another^ where a bill is rendered at the time, the fees are paid and received separately, according to the items. The object of the legislature in establishing specific fees, and requiring a table of them to be set up in the office, was to let the suitor know distinctly the services charged, and whether he were imposed on. Where, however, the bill is rendered subsequently, being the declaration of the…
2Cited by2 opinions
- Miller v. LockwoodSupreme Court of Pennsylvania · 1851
- Whitmore v. CraigSuperior Court of Pennsylvania · 1907