Ott v. Jordan

Citations

• 116 Pa. 218
• 9 A. 321
• 1887 Pa. LEXIS 383

Syllabus

<p>The act of April 12, 1859, P. L. 587, “ To restrict sales by auction in the comities of Northampton,' Dauphin and Lehigh counties,” prohibits the sale at auction of goods, wares or merchandize not manufactured or . produced within said counties, and provides that one offending shall “ forfeit and pay the sum of fifty dollars to be recovered before any alderman or justice of the peace in an action of debt, one half to the use of the person who shall bring suit and one half to the use of the proper county: Provided, that before any warrant of arrest, or capias, shall issue, to hold the party fo bail, the plaintiff, or his or her agent or attorney, shall file an affidavit setting forth the cause of action; ” and that the “ laws in force for the collection of debts shall be held to apply to the institution of the suit and the recovery of the penalty under this act.”</p> <p>Held: That the remedy provided by said act is not a criminal complaint and conviction followed by a sentence, but an ordinary civil action for debt, preceded by an affidavit setting forth the cause of action; and, therefore, the evidence upon which the judgment is entered need not be set out in the record of the magistrate.</p>