Koch v. County of Schuylkill
Superior Court of Pennsylvania
Appeal, No. 138, Oct. T., 1899, by plaintiff, from judgment of C. P. Schuylkill Co., Jan. T., 1894, No. 254, on verdict for plaintiff. Assumpsit. Before Lyons, P. J., of the 41st judicial disdriet, specially presiding. It appears from the record that this was an action to recover certain fees claimed to be earned by plaintiff as district attorney of Schuylkill county.
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Appeal, No. 138, Oct. T., 1899, by plaintiff, from judgment of C. P. Schuylkill Co., Jan. T., 1894, No. 254, on verdict for plaintiff. Assumpsit. Before Lyons, P. J., of the 41st judicial disdriet, specially presiding. It appears from the record that this was an action to recover certain fees claimed to be earned by plaintiff as district attorney of Schuylkill county. The fees for cases which had been tried amounted to $444, and the cases where a nolle prosequi had been entered amounted to sixty in number, for which services plaintiff claimed $300, or the sum of $5.00 for each case. The court…
1Opinion of the Court
Opinion by
Beaver, J.,
The Act of April 2, 1863, P. L. 249, provided that “ the county of Luzerne shall pay all legal costs of the officers of the courts of quarter sessions and oyer and terminer, including the fees of the district attorney, in all criminal prosecutions in said county, whether of misdemeanor or felony.” The provisions of this act were, by the Act of January 22, 1869, P. L. 100, extended to Schuylkill county, and, in a proviso, it was enacted that “ the same shall apply to the costs of the officers therein named in prosecutions in which a nolle prosequi has been entered by leave…
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