Kelly's Impeachment
Superior Court of Pennsylvania
Appeal, No. 10, Jan. T., 1901, by-John P. Kelly, from order of C. P. Lackawanna Co., Not. T., 1898, No. 302, taxing costs in In re Impeachment of John P. Kelly, Alderman. Exceptions to bill of costs. From the record it appeared that on October 8, 1898, proceedings were instituted in the court of common pleas under the act of January 14, 1804, for impeachment against John P. Kelly, an alderman of the eighteenth ward of the city of Scranton.
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Appeal, No. 10, Jan. T., 1901, by-John P. Kelly, from order of C. P. Lackawanna Co., Not. T., 1898, No. 302, taxing costs in In re Impeachment of John P. Kelly, Alderman. Exceptions to bill of costs. From the record it appeared that on October 8, 1898, proceedings were instituted in the court of common pleas under the act of January 14, 1804, for impeachment against John P. Kelly, an alderman of the eighteenth ward of the city of Scranton. After a demurrer to the petition had been overruled the court appointed a commissioner to take testimony. The respondent served his own subpoenas. After…
1Opinion of the Court
Pek Curiam,
The 2d section of the Act of January 14, 1804, 4 Sm. L. 107, entitled “ An act directing the mode of taking testimony in cases of complaint against justices of the peace,” provides that the judge conducting the examination shall certify to the county commissioners, amongst other things, “ the account of the costs upon each process served by the constable.” The act does not declare it to be his duty to certify to the correctness of the respondent’s bill for serving process. The duty is defined by the statute imposing it, and we are not convinced that the learned judge erred in…
2Cases cited1 opinion
- McCauley's AppealSupreme Court of Pennsylvania · 1878
3Cited by1 opinion
- Hartley v. WeidemanSuperior Court of Pennsylvania · 1905