Shannon v. Commonwealth ex rel. Lazarus
Supreme Court of Pennsylvania
In Error. THIS was a suit, brought in the Common Pleas of Northumberland county, in the name of the Commonwealth, for the use of Peter Lazarus, against William Shannon, She-°f tbe said county and his sureties, on Shannon’s official bond.
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In Error. THIS was a suit, brought in the Common Pleas of Northumberland county, in the name of the Commonwealth, for the use of Peter Lazarus, against William Shannon, She-°f tbe said county and his sureties, on Shannon’s official bond. The breach assigned in the condition of the bond wasi that Shannon refused to execute a writ of fieri facias, issued out of the Court'of Common Pleas of the said county, _ on a judgment obtained by Lazarus against a certain fames Lazarus directed the Sheriff to levy on a printing ^ «ress, the property of Fox; but it was claimed by one Seit- > ztnger9 who…
1Opinion of the Court
The opinion of the Court was delivered by
Tilghman, C. J. —
The Court had a right to permit the amendment; and the defendants, if they were surprised by it, were entitled to a continuance of the cause, but they did not ask for it. The action was on a bond with collateral condition, and the plaintiff might have assigned as many breaches as he pleased. The amendment was not changing the action. The new breach related to the neglect or nonperformance of Shannon's duty as Sheriff. It has been determined, that under our Act of Assembly, the Court may permit the plaintiff, in an action of covenant,…
2Cited by3 opinions
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- Galbraith v. GalbraithSupreme Court of Pennsylvania · 1837
- Diehl v. M'GlueSupreme Court of Pennsylvania · 1830