Barnett v. Cain
Superior Court of Pennsylvania
Appeal, No. 165, April T., 1912, by defendant, from judgment of C. P. Allegheny Co., Oct. T., 1909, No. 557, on verdict for plaintiff in case of Joseph G. Barnett v. George R. Cain. Assumpsit against a justice of the peace for penalties for taking illegal fees. Before Swearingen, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $300. Defendant appealed.
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Appeal, No. 165, April T., 1912, by defendant, from judgment of C. P. Allegheny Co., Oct. T., 1909, No. 557, on verdict for plaintiff in case of Joseph G. Barnett v. George R. Cain. Assumpsit against a justice of the peace for penalties for taking illegal fees. Before Swearingen, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $300. Defendant appealed. Error assigned among others was in refusing binding instructions for’ defendant. — The penalty imposed by the act of 1814 is not for taking illegal fees under the act: Irons v. Allen, 169…
1Opinion of the Court
Opinion by
Rice, P. J.,
The plaintiff and his wife were charged before the defendant, who was an alderman, with malicious mischief, and, upon the prosecution being settled and dismissed or withdrawn, the plaintiff, according to his allegation, paid to the alderman costs amounting to $9.41. In the notice given prior to bringing his action to recover twelve penalties, the plaintiff set forth separately each of the twelve items of fees making up this amount, and stated the reason for alleging its illegality — in some instances, that it was more than was allowed by law for the service specified; in…
2Cases cited5 opinions
- Stansbury v. BertronSupreme Court of Pennsylvania · 1844
- Lyons v. MeansSuperior Court of Pennsylvania · 1896
- Lowrie v. VernerSupreme Court of Pennsylvania · 1834
- Apple v. RamboSupreme Court of Pennsylvania · 1849
- Irons v. AllenSupreme Court of Pennsylvania · 1895
3Cited by1 opinion
- Damian v. HernonSuperior Court of Pennsylvania · 1931