Commonwealth ex rel. Hood v. Vandyke
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northumberland county: No. 13, to October Term 1867. This was an action of debt, at the suit of the Commonwealth of Pennsylvania, at the suggestion of Thomas Gr. Hood and others, trading as Hood & Co., as plaintiffs, against James Yandyke, sheriff of Northumberland county, and others, his sureties, on his official bond.
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Error to the Court of Common Pleas of Northumberland county: No. 13, to October Term 1867. This was an action of debt, at the suit of the Commonwealth of Pennsylvania, at the suggestion of Thomas Gr. Hood and others, trading as Hood & Co., as plaintiffs, against James Yandyke, sheriff of Northumberland county, and others, his sureties, on his official bond. The writ was issued to November Term, 1860. Hood & Co. on the 5th of August 1859 recovered two judgments against Zimmerman & Pursel, one for $436.39, and the other for $437.07; on these judgments executions were issued No. 2 and 3 to…
1Opinion of the Court
The opinion, of the court was delivered, by
Sharswood, J.
It may certainly be considered as settled by the case of Commonwealth v. Watmough, 6 Whart. 117, that in an action against the sheriff for a false return of nulla bona to a writ of fieri facias, unless it appears that the property pointed out by the plaintiff actually- belonged to the defendant in the execution, an offer to indemnify him will not make him liable in damages. This decision is not in the least shaken by Connelly v. Walker, 9 Wright 449; for although Woodward, C. J., in that case animadverted severely and justly on the…
2Cases cited2 opinions
- Commonwealth v. WatmoughSupreme Court of Pennsylvania · 1841
- Nagle v. StrohSupreme Court of Pennsylvania · 1835
3Cited by5 opinions
- Venneri v. County of AlleghenyCommonwealth Court of Pennsylvania · 1974
- Dornin v. McCandless, Pennsylvania Court of Common Pleas, Alleghany County1892
- Commonwealth v. Delatore, Pennsylvania Court of Common Pleas, Washington County1991
- Commonwealth v. LeetSuperior Court of Pennsylvania · 1991
- Commonwealth v. LeetSuperior Court of Pennsylvania · 1991