Eagles v. Kern
Supreme Court of Pennsylvania
IN' ERROR* Error to the Common Pleas of Monroe county. John Kern brought an action before a justice of the peace against Alexander Eagles and D. S. Miller, the sureties of -one John Pugh, a constable, upon the official bond given by the constable with them.
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IN' ERROR* Error to the Common Pleas of Monroe county. John Kern brought an action before a justice of the peace against Alexander Eagles and D. S. Miller, the sureties of -one John Pugh, a constable, upon the official bond given by the constable with them. Judgment was given by the justice in favour of the plaintiff An appeal was taken to the Common Pleas, where the cause came on for trial before Jessup, President,. on the 4th of December, 1838. The plaintiff after proving the bond executed by the constable and the defendants, gave in evidence a transcript from the record of a justice of the…
1Per curiam
It is impossible to distinguish this case from Mas-ser v. Strickland. Judgment has been had against the constable for an official default; and according to the principle of that case, it conclusively -establishes the fact in a proceeding against his bail.
Judgment affirmed.
2Cited by5 opinions
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