Speck v. Commonwealth
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Perry county. The Commonwealth of Pennsylvania against Frederick Speck, Robert Clark, David M’Coy, and William Wallis.
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ERROR to the Common Pleas of Perry county. The Commonwealth of Pennsylvania against Frederick Speck, Robert Clark, David M’Coy, and William Wallis. This was an action of debt upon the official bond of Frederick Speck, as collector of tolls upon the Pennsylvania Canal, dated the 10th of February 1838, which had the following condition annexed to it: “Whereas the Board of Canal Commissioners, &c., by virtue of the power vested in them by law, have appointed Frederick Speck collector of canal toils at Liverpool. The condition of this obligation is such, that if the above bounden Frederick Speck…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The first error assigned is an exception to the opinion of the court, admitting a certified copy from the auditor-general’s office, of the bond upon which the suit is brought, to be read in evidence to the jury. The pleas put in by the defendants to the action, being payment and performance of the condition of the bond, rendered the production of it unnecessary at least for the purpose of proving its existence and execution, because that was admitted by the pleas. The only occasion, therefore, that there could be for producing the bond…
2Cases cited1 opinion
- Bank of the Northern Liberties v. CressonSupreme Court of Pennsylvania · 1825
3Cited by10 opinions
- Pardee v. MarkleSupreme Court of Pennsylvania · 1886
- Post-Intelligencer Publishing Co. v. HarrisWashington Supreme Court · 1895
- Fischbach & Moore, Inc. v. Philadelphia National BankSuperior Court of Pennsylvania · 1938
- Pierce v. SweetSupreme Court of Pennsylvania · 1859
- People ex rel. Attorney-General v. ScannellCalifornia Supreme Court · 1857
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