Sweitzer v. Emert

Citations

• 55 Pa. Super. 176
• 1913 Pa. Super. LEXIS 337

Syllabus

<p>Justice of the peace — Action to recover illegal fees — Civil suit — Public officers — Appeals—Acts of March 20, 1810, 6 Sm. L. 161, and May 26, 1897, P. L. 100.</p> <p>1. An action brought before a justice of the peace against a public officer to recover the penalty provided by the Act of May 26, 1897, P. L. 100, is a civil suit, and a judgment of the court of common pleas affirming the judgment of a justice of a peace in such a suit is final, and no furthér appeal lies to the Superior Court.</p> <p>2. The appearance of a defendant before a justice of the peace and the trial of the case on the merits cures any defect in the service.</p>