County of Cumberland v. Holcomb
Supreme Court of Pennsylvania
Error to the Common Pleas of Cumberland county. This was an action of assumpsit by Michael Holcomb, Esq., a justice of the peace, against The County of Cumberland, to recover his fees in 195 cases of conviction for vagrancy, between the 21st January and the 22d April 1859, which he claimed at the rate of 87J cents in each case.
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Error to the Common Pleas of Cumberland county. This was an action of assumpsit by Michael Holcomb, Esq., a justice of the peace, against The County of Cumberland, to recover his fees in 195 cases of conviction for vagrancy, between the 21st January and the 22d April 1859, which he claimed at the rate of 87J cents in each case. In 77 of these cases, the justice had convicted the defendants on his own view; and it was alleged by the defence, that in these cases he had invited poor travellers, who were in no proper sense vagrants, to take up lodging in the jail, at the expense of the county,…
1Opinion of the Court
The opinion of the court was delivered by .
Lowrie, C. J.
The verdict of the jury has exonerated the plaintiff below from the charge of unfaithfulness in the discharge of his duties to the public, and we have to consider only Avhat legal right he has to compensation by the county for his services. The test of the county’s liability is, that the convictions be of offences “ punishable by imprisonment at hard labour :” 4 Casey 174. Now, no conviction is complete, until sentence is passed and recorded ; and every sentence must express the very punishment which is to be executed on the prisoner,…
2Cited by9 opinions
- Commonwealth v. MinnichSupreme Court of Pennsylvania · 1915
- Commonwealth v. HolgateSuperior Court of Pennsylvania · 1916
- Commonwealth v. MillerSuperior Court of Pennsylvania · 1897
- Bennett v. Sullivan CountySuperior Court of Pennsylvania · 1905
- Tarner v. Chambersburg Borough School DistrictSupreme Court of Pennsylvania · 1940
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