Templeton v. Williams

Citations

• 39 Pa. Super. 272
• 1909 Pa. Super. LEXIS 475

Syllabus

<p>Justice of the peace — Illegal fees — Police officer — Witness fees — Act of July 14, 1897, P. L. 266.</p> <p>1. The Act of July 14, 1897, P. L. 266, does not make it unlawful for a police officer who has made an arrest in a criminal case and who testifies upon the trial of the case, to demand the statutory witness fee.</p> <p>2. A charge of two cents for a postage stamp paid directly to a constable and used by the latter for mailing to a defendant a notice instead of subjecting him to the expense of a warrant, is not an illegal fee, such as will subject a justice of the peace to a penalty of $20.00.</p> <p>3. Where a plaintiff is not entitled to judgment for his whole claim, the court cannot be convicted of error in not making an order permitting him to take judgment for part of it and to proceed with his action for the recovery of the balance, where neither in the application for the rule, nor in the rule itself, nor in any other manner, so far as the record shows, was the court asked to exercise the power conferred by the Act of July 14, 1897, P. L. 266.</p>