Legal Opinion

Evans v. Frey

Supreme Court of Pennsylvania

Decided September 15, 1834PublishedCited by 1 opinion

ERROR to the common pleas of Mleghany county. The following is the substance of the case as stated for the decision of the court below.

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ERROR to the common pleas of Mleghany county. The following is the substance of the case as stated for the decision of the court below. William M’Donald was constable of Ohio township for the year 1830. On the 19th of April of that year he gave bond, with the defendants in error as his sureties, to the commonwealth, in conformity with the twenty-ninth section of the act of the 20th of March 1810 and its supplements, conditioned for the just and faithful discharge of his office. On the 11th of August 1830, an execution was put in-his hands by an alderman, in the name of George Evans against…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

The first error assigned is; in the opinion of the court below that the constable ought to have been joined with the sureties in the action.

The legislature has established a tribunal for the recovery of sums under 100 dollars, the proceedings of which are in many respects different from the ordinary proceedings of courts, and the extent of its jurisdiction must depend on the language and meaning of the act of assembly. Regulations respecting constables form a material part of the provisions of these-acts;' especially those that are designed…

2Cases cited2 opinions

  1. Campbell v. Commonwealth ex rel. FrickSupreme Court of Pennsylvania · 1822
  2. Palmer v. CommonwealthSupreme Court of Pennsylvania · 1820

3Cited by1 opinion

  1. Commonwealth ex rel. Polk v. Sayres, Pennsylvania Court of Common Pleas, Philadelphia County1836

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