Gault v. Vinyard
Supreme Court of Pennsylvania
Certificate from the Court of Nisi Prius. This was an action of debt, brought by Henry W. Gault against James Vinyard, Próthonotary of the Court of Common Pleas of Philadelphia county, to recover the penalties under the Acts of 1814 and 1821, for taking other and greater fees than the fee bill allows, and for not keeping up in his office a fair table of fees as required by the Act of Assembly.
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Certificate from the Court of Nisi Prius. This was an action of debt, brought by Henry W. Gault against James Vinyard, Próthonotary of the Court of Common Pleas of Philadelphia county, to recover the penalties under the Acts of 1814 and 1821, for taking other and greater fees than the fee bill allows, and for not keeping up in his office a fair table of fees as required by the Act of Assembly. The declaration contained seventy-six counts, twenty-two of which alleged that the defendant took other fees than the fee bill allows; twenty-six counts alleged the taking of greater fees than the fee…
1Opinion of the Court
*283The opinion of the court was delivered by
Lewis, 0. J.
This is an action to recover twenty-six penalties of $50 each for taking greater fees than the fee bill allows; twenty-two penalties of $50 each, for taking other fees than the fee bill allows; and twenty-eight penalties of $10 each, for omitting to keep up in the prothonotary’s office a fair table of fees. Each penalty is a separate and distinct cause of action depending on its own peculiar circumstances. The late Chief Justice Gibson, being of opinion that the Supreme Court, at Nisi Prius, had not original jurisdiction of the case,…
2Cases cited1 opinion
- Rodman v. HutchinsonSupreme Court of Pennsylvania · 1839