Legal Opinion

Lyons v. Means

Superior Court of Pennsylvania

Decided May 11, 1896No. Appeals, Nos. 84 and 85PublishedCited by 6 opinions

Appeals, Nos. 84 and 85, April T., 1896, by defendant, from tbe judgment of C. P. No. 1, Allegheny Co., March T., 1895, Nos. 160 and 161, on verdicts for plaintiff. Assumpsit to recover the sum of $150 penalties under the acts of 1814 and 1865 for three separate items of alleged taking of fees, upon overcharge or for services not actually performed by the defendant, an alderman of the city of Pittsburg.

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Appeals, Nos. 84 and 85, April T., 1896, by defendant, from tbe judgment of C. P. No. 1, Allegheny Co., March T., 1895, Nos. 160 and 161, on verdicts for plaintiff. Assumpsit to recover the sum of $150 penalties under the acts of 1814 and 1865 for three separate items of alleged taking of fees, upon overcharge or for services not actually performed by the defendant, an alderman of the city of Pittsburg. There were two separate actions in different cases for the same cause of action, and a verdict was rendered in each in favor of the plaintiff for $150. The plaintiff’s statement of cause of…

1Opinion of the Court

Opinion by

Wickham, J.,

The appellant, an alderman in the city of Pittsburg, was amerced in the court below, in the sum of $150, for taking illegal fees from Elizabeth Lyons, the appellee, in a case tried before him, wherein judgment was rendered against her as garnishee in an execution attachment proceeding. She appealed from the judgment and paid, among other costs, three items, which at the time her attorney objected to as illegal. The items in question were as follows: Thirty cents for affidavit, thirty-five cents for “ receiving,” and fifteen cents for satisfaction. The services for which…

2Cases cited1 opinion

  1. Paterson v. BlaisdellSupreme Court of Pennsylvania · 1895

3Cited by6 opinions

  1. Freiler v. Schuylkill CountySuperior Court of Pennsylvania · 1911
  2. Hays v. Cumberland CountySuperior Court of Pennsylvania · 1897
  3. Patton, Exrx. v. PhiladelphiaSuperior Court of Pennsylvania · 1936
  4. Barnett v. CainSuperior Court of Pennsylvania · 1912
  5. Commonwealth v. BowersMontgomery County Court of Quarter Sessions · 1952

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