Legal Opinion

Berks County v. Pile

Supreme Court of Pennsylvania

Decided June 24, 1852PublishedCited by 22 opinions

This was an amicable action entered into between Henry Pile and others as plaintiffs, and the County of Berks defendant.

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This was an amicable action entered into between Henry Pile and others as plaintiffs, and the County of Berks defendant. A case was stated for the decision of the Court; the object of which was to have determined whether the county of Berks was liable to pay the witnesses on the part of the Commonwealth, in an indictment in the Court of Quarter Sessions of that county found at April Sessions 1850 against several persons for conspiracy, in which, after a verdict at same sessions of guilty, and a new trial granted on 12th April, a nolle prosequi was entered at November Sessions, 1850, by the…

1Opinion of the Court

The opinion of the Court was delivered, by

Black, C. J.

An indictment for conspiracy was pending in the Quarter Sessions of Berks, on which a verdict of guilty had been rendered by a traverse jury, and a new trial granted by the Court. The prosecutor and the defendants agreed to settle if the county w'ould pay the costs. It is alleged that the Commissioners agreed to this, and a nolle prosequi was entered accordingly. The present action is against the county on the Commissioners’ promise.

*496As the law stood previously to 1791, an innocent person acquitted of a crime could not be released from his…

2Cases cited1 opinion

  1. Clemens v. CommonwealthSupreme Court of Pennsylvania · 1838

3Cited by22 opinions

  1. Schuldt v. Reading Trust Co.Supreme Court of Pennsylvania · 1921
  2. S. A. Loux & Son v. FoxSupreme Court of Pennsylvania · 1895
  3. Lawrence County v. HornerSupreme Court of Pennsylvania · 1924
  4. County of Allegheny v. Allegheny County Prison Employees' Independent UnionCommonwealth Court of Pennsylvania · 1980
  5. Wedgewood Associates v. Caln TownshipCommonwealth Court of Pennsylvania · 1980

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