Wilson v. Barrett

Citations

• 24 Pa. Super. 68
• 1903 Pa. Super. LEXIS 302

Syllabus

<p>Public officers — Illegal fees — Extortion—Penalties—Constable—Act of May 26, 1897, P. L. 100.</p> <p>In an action against a constable to recover the penalty provided by the Act of May 26, 1897, P. L. 100, for charging an illegal fee, where the illegal charge is proved by the plaintiff and admitted by the defendant, it is reversible error for the court to submit to the jury the question of whether or not the.law had been violated. In such a case it is the duty of the court to give binding instructions against the defendant.</p>