Dougherty v. Cumberland County
Superior Court of Pennsylvania
Appeal, No. 13, March T., 1904, by plaintiff, from judgment of C. P. Cumberland Co., for plaintiff on case stated in suit of W. H. Dougherty v. Cumberland County. Case stated to determine whether the sheriff was entitled to a fee of fifty cents from the county for each vagrant committed, and also a fee of fifty cents from the county for the discharge of prisoners, other than the vagrants, from his custody.
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Appeal, No. 13, March T., 1904, by plaintiff, from judgment of C. P. Cumberland Co., for plaintiff on case stated in suit of W. H. Dougherty v. Cumberland County. Case stated to determine whether the sheriff was entitled to a fee of fifty cents from the county for each vagrant committed, and also a fee of fifty cents from the county for the discharge of prisoners, other than the vagrants, from his custody. The court, in an opinion by E. W. Biddle, P. J., entered judgment for defendant on the case stated. Error assigned was the judgment of the court. _ When the law imperatively imposes upon…
1Opinion of the Court
Opinion by
Smith, J.,
The question presented in this case is whether the county is *612by law required to pay the fees claimed by the plaintiff, as sheriff, on certain commitments and discharges in criminal cases.
It has long been settled that the county is liable for the costs of prosecution, on a criminal charge, only when a statute so directs. Under existing statutory provisions, this liability arises:
1. “ Where any person shall be brought before a court, justice of the peace, or other magistrate of any city or county of this commonwealth, having jurisdiction in the case, on the charge of having…
2Cases cited8 opinions
- York County v. DalhousenSupreme Court of Pennsylvania · 1863
- Wright v. DonaldsonSupreme Court of Pennsylvania · 1893
- Allen v. Delaware CountySupreme Court of Pennsylvania · 1894
- Long v. Lancaster CountySuperior Court of Pennsylvania · 1901
- Wilhelm v. Fayette CountySupreme Court of Pennsylvania · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Commonwealth v. GarramoneSuperior Court of Pennsylvania · 1934
- Roush v. Northumberland CountySuperior Court of Pennsylvania · 1916
- Jones v. Reading Co.District Court, E.D. Pennsylvania · 1942
- Commonwealth v. JaegerMontgomery County Court of Oyer and Terminer · 1934
- Conniff v. Luzerne CountySuperior Court of Pennsylvania · 1906