Legal Opinion

Backestoss v. Commonwealth

Supreme Court of Pennsylvania

Decided May 15, 1839PublishedCited by 3 opinions

ERROR to the common pleas of Dauphin county. The Commonwealth, for the use of Christian Spangler, against George Backestoss. This suit was brought on an administration bond executed by the defendant as one of the sureties of Christina Moyer, administratrix of Daniel Moyer, deceased.

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ERROR to the common pleas of Dauphin county. The Commonwealth, for the use of Christian Spangler, against George Backestoss. This suit was brought on an administration bond executed by the defendant as one of the sureties of Christina Moyer, administratrix of Daniel Moyer, deceased. The bond was dated the 8th of June 1814; and this suit was brought to November term 1836. The plaintiff, after giving the bond in evidence, offered the record of a judgment in favour of Christian Spangler against Christina Moyer, administratrix of Daniel Moyer, deceased, in the common pleas of Lebanon county of…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. .T.

Being a standing security for all who have an interest in the estate, an administration bond is never actually paid, though the demands secured by it may be paid. It is a security, not for the payment of money, but for the performance of an office; and were the surety disposed to rid himself of responsibility at once by payment of the penalty, there would be no one to receive it. It would, therefore, be inaccurate, to say, what might be inferred from M’Lean v. Findley, that the bond itself may be presumed to have been paid, not only…

2Cases cited3 opinions

  1. Diehl v. IhrieSupreme Court of Pennsylvania · 1838
  2. Delany v. RobinsonSupreme Court of Pennsylvania · 1837
  3. Summerville v. HollidaySupreme Court of Pennsylvania · 1833

3Cited by3 opinions

  1. Diehl v. IhrieSupreme Court of Pennsylvania · 1838
  2. Van Loon v. SmithSupreme Court of Pennsylvania · 1883
  3. Roemer, to Use v. Lancaster Co.Superior Court of Pennsylvania · 1936

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