Walsh v. Luzerne County
Superior Court of Pennsylvania
Appeal, No. 53, March T., 1908, by plaintiff, from judgment of C. P. Luzerne Co., Oct. T., 1907, No. 1,159, on verdict for defendant in case of John F. Walsh to use of Commonwealth v. Luzerne County. Case stated to determine liability for a fee for serving a criminal warrant.
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Appeal, No. 53, March T., 1908, by plaintiff, from judgment of C. P. Luzerne Co., Oct. T., 1907, No. 1,159, on verdict for defendant in case of John F. Walsh to use of Commonwealth v. Luzerne County. Case stated to determine liability for a fee for serving a criminal warrant. Ferris, J., filed the following opinion: The facts as agreed upon are as follows: 1. John F. Walsh, the person above named as the legal plaintiff, is a member of the state police as constituted by the Act of assembly of May 2, 1905, P. L. 361, and as such is entitled to and receives a compensation paid him by the state…
1Opinion of the Court
Per Curiam,
While the jury in the criminal case directed by their verdict that the costs should be paid by the county, it seems to us clear that this did not impose upon the county liability for fees which were not legally taxable. Possibly, if an extremely technical view be taken of the case stated, it could be argued that the validity of the taxation of the fee in question as part of the costs of the case could not be questioned in this action. But counsel expressly waived this objection and argued, and requested us to dispose of, the case as if the question of liability of the county for…
2Cited by1 opinion
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