Legal Opinion

M'Conahy v. Courtney

Supreme Court of Pennsylvania

Decided September 15, 1838PublishedCited by 2 opinions

ERROR to t.he common pleas of Beaver county. This was an action instituted before a justice of the peace by John Courtney against Alexander M’Conahy, a justice of the peace, to recover the penalty of 50 dollars for taking illegal fees. The following notice was served upon the defendant: “To Alexander M’Conahy, Esq. a justice of the peace of Beaver county, residing in Borough township.

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ERROR to t.he common pleas of Beaver county. This was an action instituted before a justice of the peace by John Courtney against Alexander M’Conahy, a justice of the peace, to recover the penalty of 50 dollars for taking illegal fees. The following notice was served upon the defendant: “To Alexander M’Conahy, Esq. a justice of the peace of Beaver county, residing in Borough township. Take notice, that I intend, at the expiration of thirty days after the service of this notice upon you, to sue and commence an action of debt against you, by writ of summons, before a justice of the peace in and…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

This action was brought by the defendant in error against the plaintiff in error, before a justice of the peace, for the recovery of a penalty of 50 dollars, which the plaintiff below claimed of the defendant there on account of the latter having charged and taken from the former illegal fees as a justice of the peace.

The first error assigned is, that the suit was commenced before a justice of the peace, and that the jurisdiction of justices of the peace does not extend to such cases. The penalty sued for here is imposed *493by the 26th section…

2Cited by2 opinions

  1. County of Fulton v. TateSupreme Court of Pennsylvania · 1864
  2. Whitmore v. CraigSuperior Court of Pennsylvania · 1907

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