Miller v. Lockwood
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Philadelphia. This was an appeal from the judgment of an alderman, in a suit by William Lockwood against Andrew Miller, late recorder of deeds for the city and county of Philadelphia. The suit before the alderman was brought against the defendant for $50 penalty, under the Act of Assembly for taking illegal fees.
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Error to the Court of Common Pleas of Philadelphia. This was an appeal from the judgment of an alderman, in a suit by William Lockwood against Andrew Miller, late recorder of deeds for the city and county of Philadelphia. The suit before the alderman was brought against the defendant for $50 penalty, under the Act of Assembly for taking illegal fees. In the court the declaration contained two counts, one that the plaintiff in error took $2.50 for recording a deed containing 1680 words, which, it was alleged, was a greater fee than was limited by the Acts of Assembly for the service to be…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, J.
This is an action against the late recorder of deeds to recover the penalty of fifty dollars for taking illegal fees. The suit was brought originally before a justice of the peace, and came by appeal into the Common Pleas. By the Act which imposes the *252penalty, provision is made for its recovery, “ as debts of the same amount are recovered.” And these words have been construed to authorize a recovery before a justice of the peace, according to the ■form of proceedings prescribed for the recovery of debts under what is called the “hundred dollar…
2Cases cited1 opinion
- Curry v. CarrolSupreme Court of Pennsylvania · 1836
3Cited by2 opinions
- Faiola v. CalderoneSupreme Court of Pennsylvania · 1923
- Whitmore v. CraigSuperior Court of Pennsylvania · 1907