Legal Opinion

Kottcamp v. York County

Superior Court of Pennsylvania

Decided April 17, 1905No. 2; Appeal, No. 19PublishedCited by 1 opinion

Appeal, No. 19, March T., 1905, by plaintiff, from judgment of C. P. York Co., Jan. T., 1904, No. 79, for defendant on case stated in suit of Fred. W. Kottcamp v. York County. Case stated to determine liability of county for constable’s fee. Before Stewart, J. The court entered judgment for plaintiff in a sum much less than the amount claimed. Error assigned was the judgment of the court.

1Opinion of the Court

Opinion by

Rice, P. J.,

The plaintiff seeks to recover in an action of assumpsit the difference between the amount paid him by the county and the amount which he now claims that he was legally entitled to, for serving certain subpoenas issued out of the court of quarter sessions and the court of oyer and terminer and placed in his hands by the district áttorney. The difference is solely as to the amount of the fee for service and travel, not as to the number of services made or miles traveled. The payments set up in discharge of the county’s liability were made upon bills made out and sworn to…

2Cases cited1 opinion

  1. Richardson v. CassillySupreme Court of Pennsylvania · 1836

3Cited by1 opinion

  1. Phillips v. Radio Anthracite, Inc., Pennsylvania Court of Common Pleas, Luzerne County1949

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