Legal Opinion

Price v. County of Lancaster

Superior Court of Pennsylvania

Decided March 21, 1898No. Appeal, No. 183PublishedCited by 4 opinions

Appeal, No. 183, Nov. Term, 1896, by defendant from judgment of C. P. Lancaster County, Sept. Term, 1896, No. 3, in favor of plaintiff on case stated. Case stated.

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Appeal, No. 183, Nov. Term, 1896, by defendant from judgment of C. P. Lancaster County, Sept. Term, 1896, No. 3, in favor of plaintiff on case stated. Case stated. Before Livingston, P. J. It appears from the record that the nature of the proceedings was an appeal from the judgment of the court below on a case stated, framed for the purpose of determining what fees the constable is entitled to as mileage, and for serving subpoenas under the Act of May 23, 1893, P. L. 117. ' It appears from the case stated that a warrant was issued to the plaintiff, a constable, for the arrest of a person…

1Opinion of the Court

Opinion by

Wickham, J.,

The plaintiff, who was a constable of the city of Lancaster, on June 13, 1896, executed a warrant issued as an alderman of the city against one charged with the crime of larceny as bailee. In performing this duty, the officer necessarily traveled two miles circular, i. e. one mile in going to the place where he made the arrest, and the other in taking the prisoner to the alderman’s office. Later he served a subpoena on two witnesses, to appear at the hearing, and, in so doing, traveled two miles circular.

For these services he is entitled to compensation, under the Act of…

2Cases cited1 opinion

  1. Wilhelm v. Fayette CountySupreme Court of Pennsylvania · 1895

3Cited by4 opinions

  1. McCallister v. Armstrong CountySuperior Court of Pennsylvania · 1899
  2. Lenhart v. Cambria CountySuperior Court of Pennsylvania · 1905
  3. Commonwealth Ex Rel. v. WoodwardSuperior Court of Pennsylvania · 1928
  4. Commonwealth v. BrownLycoming County Court of Quarter Sessions · 1955

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