Mevay v. Edmiston
Supreme Court of Pennsylvania
. Writ of error to ,the Court of Common Pleas of Mifflin county, in an action of debt, brought by Mevay against Edmiston, to recover the penalty of fifty dollars for taking illegal fees as sheriff. The suit was commenced before a justice, who gave judgment for the plaintiff The defendant appealed, and entered a rule of reference in the Court of Common Pleas. The arbitrators- found in favour of the- defendant, and the court refuséd to set aside the reference and report.
1Opinion of the Court
The opinion of the court was delivered by-
Gibsón, C. J.
A criminal prosecution, whether it be by indictment or action, is not within the purview of the compulsory arbitration act; as in the case of an action to recover a'penalty for a breach of the revenue laws. Buckwalter v. The United States, 11 Serg. & Rawle, 193. On the other hand, an action for a penalty which is imposed, not to punish the act as an offence, but to compensate the party aggrieved, as in the case of a penalty for omitting to serve notice of the meeting of arbitrators, “which is strictly a private injury, may be referred at…
2Cases cited2 opinions
- Buckwalter v. United StatesSupreme Court of Pennsylvania · 1824
- Commonwealth ex rel. Rogers v. BennettSupreme Court of Pennsylvania · 1827
3Cited by2 opinions
- Commonwealth ex rel. Orris v. RobertsSupreme Court of Pennsylvania · 1958
- Commonwealth ex rel. Orris v. RobertsSupreme Court of Pennsylvania · 1958