Legal Opinion

Kottcamp v. York County

Superior Court of Pennsylvania

Decided April 17, 1905No. 1; Appeal, No. 15PublishedCited by 6 opinions

Appeal, No. 15, March T., 1905, by defendant, from judgment of C. P. York Co., Jan. T., 1904, No. 79, for plaintiff on case stated in suit of Fred. W. Kottcamp v. York County. Case stated to determine fees due a constable. Before Stewart, J. ■ The opinion of the Superior Court states the case. JUrror assigned was in entering judgment for plaintiff on the case stated. .

1Opinion of the Court

Opinion by

Rice, P. J.,

1. The first question is whether the plaintiff was entitled to be paid under the sheriff’s fee bill, when not deputized by the sheriff, for serving court subpoenas delivered to him by the district attorney. It so happens that he was a constable, but his right to fees was not in any way dependent upon that fact, but arose from the nature of the act he performed. If it were an open question, there would be some show of reason in the argument that no one but the sheriff or his regularly authorized deputy can claim the fee prescribed by the sheriff’s fee bill for serving…

2Cases cited2 opinions

  1. McCallister v. Armstrong CountySuperior Court of Pennsylvania · 1899
  2. O'Leary v. Northumberland CountySuperior Court of Pennsylvania · 1903

3Cited by6 opinions

  1. Lenhart v. Cambria CountySuperior Court of Pennsylvania · 1905
  2. Klugh v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1905
  3. Bogle v. Pratt, Pennsylvania Court of Common Pleas, Chester County1929
  4. Burrell v. Bolling, Pennsylvania Court of Common Pleas, Westmoreland County1933
  5. Hornberger v. Wise, Pennsylvania Court of Common Pleas, Lycoming County1950

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