Legal Opinion

Conniff v. Luzerne County

Superior Court of Pennsylvania

Decided March 12, 1906No. Appeal, No. 43Published

Appeal, No. 43, Jan. T., 1906, by defendant, from judgment of C. P. Luzerne Co., June T., 1905, No. 228, for plaintiff on case stated in suit of Sarah Conniff, Administratrix of Michael Conniff, deceased, v. Luzerne Co. Case stated to determine liability for costs. Before Ferris, J. The opinion of the Superior Court states the case. The court entered judgment for plaintiff on the case stated. Error assigned was in entering judgment for plaintiff.

1Opinion of the Court

Opinión by

Oblady, J.,

The only question involved in this case is the liability of the county for the costs of prosecution in a criminal case in which a defective indictment has been returned by the grand jury, “ignoramus, prosecutor to pay costs,” when neither the prosecutor nor any witnesses had been called before it. The case stated concedes that the proceedings before the justice of the peace, for which these costs are claimed, were regular ; the services rendered by the justice were in direct accordance with the requirements of our law, and that his transcript, with a proper recognizance,…

2Cases cited3 opinions

  1. Rowand v. CommonwealthSupreme Court of Pennsylvania · 1876
  2. Berks County v. PileSupreme Court of Pennsylvania · 1852
  3. Dougherty v. Cumberland CountySuperior Court of Pennsylvania · 1904

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