WHITBY v. FAYETTE COUNTY

No. 178.

14 Pa. D. & C. 2d 314 (1957)

Whitby v. Fayette County

Common Pleas Court of Fayette County, Pennsylvania.

May 9, 1957.


Attorney(s) appearing for the Case

Lawrence D. McDaniel, for plaintiff.

John R. Hoye, for county commissioners.

Thomas P. Ruane, Jr., for county controller.


CARR, P. J., May 9, 1957.

This is a case stated for the judgment of the court in the nature of a special verdict. The question involved is whether payment of the costs accruing to an alderman and constable in criminal prosecutions returned to our courts may lawfully be withheld by the county until the cases have been finally disposed of. The submission is as follows:

"1. At all times hereinafter mentioned the plaintiff, William F. Whitby, has been duly elected...

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