Hornberger v. Wise

Per Curiam,

This matter comes before the court on a case stated in which plaintiff is Lionel D. Hornberger and the Commissioners of Lycoming County are defendants.

Hornberger was a constable on September 13, 1948, when he was ordered by the district attorney to serve a subpoena ordering a witness to appear and testify in a quarter sessions cause. The subpoena was served and the Treasurer of Lycoming County was authorized to pay the constable a fee in the sum of 50 cents, which compensation for this service was provided for in the Act of July 20, 1917, P. L. 1158, sec. 1, 13 PS §61, which…