Whitmore v. Craig
Superior Court of Pennsylvania
Appeal, No. 117, April T., 1906, by plaintiff, from order of C. P. Clarion Co., May T., 1906, No. 207,, discharging rule for judgment for want of a sufficient affidavit of defense in case of A. IT. Whitmore v. J..O. Craig. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in the opinion of the Superior Court. Error assigned was order discharging the rule.
1Opinion of the Court
Opinion by
Rice, P. J.,
A. C. Beckon brought suit and obtained judgment against A. H. Whitmore before J. O. Craig, a justice of the peace. Whitmore appealed and paid to Craig the costs he demanded, which, according to the transcript attached to the supplemental affidavit of defense, were taxed as follows: “Summons $.25. Docket Entry .25, Ret. Sum. .25, Trial & Judg. .50, Ack. .50, Trans. T.00.” Subsequently Whitmore brought this action against Craig under the Act of May 26,1897, P. L. 100, relating “ to officers taking illegal fees and providing a penalty therefor.” The plaintiff’s complaint,…
2Cases cited5 opinions
- Curry v. CarrolSupreme Court of Pennsylvania · 1836
- Henning v. MartinSuperior Court of Pennsylvania · 1900
- M'Conahy v. CourtneySupreme Court of Pennsylvania · 1838
- Miller v. LockwoodSupreme Court of Pennsylvania · 1851
- Wilson v. BarrettSuperior Court of Pennsylvania · 1903