County of Lackawanna v. Stevens
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lackawanna county: Of January Term, 1884, No. 148. Debt, by the county of Lackawanna against A. B. Stevens, to recover an alleged excess in the amount of fees received by the defendant as sheriff, for the service of jury notices during the year 1881. The controversy arose on an appeal by Stevens from the report of the county auditors, in settlement of his official accounts; wherein they refused to approve the payment to him, by the…
Read the full summary
Error to the Court of Common Pleas of Lackawanna county: Of January Term, 1884, No. 148. Debt, by the county of Lackawanna against A. B. Stevens, to recover an alleged excess in the amount of fees received by the defendant as sheriff, for the service of jury notices during the year 1881. The controversy arose on an appeal by Stevens from the report of the county auditors, in settlement of his official accounts; wherein they refused to approve the payment to him, by the county'commissioners, of a fee of one dollar for each jury summons served during the year 1881, and allowed him only…
1Opinion of the CourtChief Justice Mercur
While the facts were conceded, on which this case was decided, yet they were not submitted in the form of a case stated so as to bar a writ of error without the right thereto being specifically reserved.
The Act of 9th April, 1873, applied to the county of Luzerne only. It was, therefore, special in its provisions, and extended to the whole territory within the limits of its boundaries. When the Act of 12th June, 1878, was passed, the county contained more than one hundred and fifty thousand inhabitants. It was, therefore, by the express terms of the Act, excepted from the operation thereof.…
2Cited by2 opinions
- Commonwealth v. AyersSuperior Court of Pennsylvania · 1901
- Commonwealth v. CarsonSuperior Court of Pennsylvania · 1902