Legal Opinion

Price v. County of Lancaster

Supreme Court of Pennsylvania

Decided January 2, 1899No. Appeal, No. 240PublishedCited by 9 opinions

Appeal, No. 240, Jan. T., 1898, by defendant, from judgment of Superior Court, Nov. T., 1896, No. 188, reversing judgment of C. P. Lancaster Co., Sept. T., 1896, No. 8, on ease stated. Appeal from Superior Court. The facts appear by the opinion of the Superior Court reported in 7 Pa. Superior Ct. 119. Error assigned was in holding that for serving a subpoena the constable may, for each person named in the process and actually served, legally charge fifty cents.

1Opinion of the Court

Opinion by

Mb. Justice Mitchell,

The case stated raised questions as to two classes of fees due the plaintiff as a constable. The Superior Court on cross appeals decided one against plaintiff and the other against defendant. The latter only has appealed to us, and therefore, notwithstanding appellee’s contention that both questions being in the case should be considered together, we have but one be fore us. There is but one appellant, and we could not on his appeal decide the case against him for a possible error of the court below in his favor.

The single question, then, is whether the fee bill…

2Cited by9 opinions

  1. McCallister v. Armstrong CountySuperior Court of Pennsylvania · 1899
  2. Hankin v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1978
  3. Commonwealth Ex Rel. v. WoodwardSuperior Court of Pennsylvania · 1928
  4. The NeptuneCourt of Appeals for the Second Circuit · 1918
  5. Pennsylvania Co. v. Zussman, Pennsylvania Court of Common Pleas, Philadelphia County1936

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