Allen v. Delaware County
Supreme Court of Pennsylvania
Appeal, No. 143, June T., 1893, by defendant, from order of C. P. Delaware Co., June T., 1893, No. 143, entering judgment on case stated in favor of plaintiff, J. M. Allen. Case stated. Before Clayton, P. J. The case stated whs as follows: “ The plaintiff, J. M. Allen, is an alderman of the city of Chester, and a warrant, was regularly sworn out before him by Antonio Demijo, charging one Rafaello Masi with assault and battery.
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Appeal, No. 143, June T., 1893, by defendant, from order of C. P. Delaware Co., June T., 1893, No. 143, entering judgment on case stated in favor of plaintiff, J. M. Allen. Case stated. Before Clayton, P. J. The case stated whs as follows: “ The plaintiff, J. M. Allen, is an alderman of the city of Chester, and a warrant, was regularly sworn out before him by Antonio Demijo, charging one Rafaello Masi with assault and battery. After a hearing, the defendant was bound over to the March session of the court of quarter sessions of the peace of Delaware county, to answer the charge. “ The bill of…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The act of May 19, 1887, P. L. 138, was passed to remedy an admitted hardship, by which the officers of justice and witnesses for the commonwealth, in cases of misdemeanors, were often unable to obtain the compensation due them under the law. Section one of that act provided that the costs shall, “ on the termination of the prosecution .... be immediately chargeable to and paid by the county.” This made the county primarily liable, and that such was the intent of the statute is rendered still clearer by the provision of section two that “ the costs of the…
2Cases cited1 opinion
- Wright v. DonaldsonSupreme Court of Pennsylvania · 1893
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- Commonwealth v. GarramoneSuperior Court of Pennsylvania · 1934
- Commonwealth v. DickinsonSuperior Court of Pennsylvania · 1916
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