Gibson v. Gault

Decided July 1, 1859

Supreme Court of Pennsylvania · decided 1859-07-01

* This was an action of debt by Henry W. Gault against James G. Gibson, prothonotary of the Court of Common Pleas of Philadelphia county, to recover several distinct penalties for taking illegal fees, and for omitting to post a copy of the fee-bill in his office. The declaration contained twenty-four counts, in each of which a distinct penalty was claimed. Nineteen of these counts were for several penalties of $50; and the remaining counts, for several penalties of $10 each.

Cited by 1 later decisions — most recently June 1915

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1859-07-01

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¶1The opinion of the court was delivered by

Lowrie, C. J.

¶2It was not improper to join several counts for distinct penalties; and thus the sum in controversy is properly brought within the jurisdiction of the District Court. And it is not at all necessary for us to vindicate or deny the accuracy of the distinction taken, in Gault v. Vinyard, 2 Casey 282, between the Nisi Prius and the District Court, relative to jurisdiction. If the distinction is not well founded, then both courts have jurisdiction of such a case; and if it is well founded, the District Court, and not the Nisi Prius, has. So that, take it either way, the jurisdiction of this ease was rightly taken; and we do not discover any error in the trial.

¶3Judgment affirmed.