Bank of Pennsylvania v. Potius
Supreme Court of Pennsylvania
ERROR to the common pleas of Union county. The Commonwealth for the use of the Bank of Pennsylvania against Frederick Potius. This was an action of debt upon the official bond of John Cummings, sheriff of Union county, in which the defendant was a surety. The plaintiff claimed the amount of a balance due upon four writs of fieri facias, issued at the suit of the Bank of Pennsylvania against M. J. App, amounting to about 2000 dollars.
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ERROR to the common pleas of Union county. The Commonwealth for the use of the Bank of Pennsylvania against Frederick Potius. This was an action of debt upon the official bond of John Cummings, sheriff of Union county, in which the defendant was a surety. The plaintiff claimed the amount of a balance due upon four writs of fieri facias, issued at the suit of the Bank of Pennsylvania against M. J. App, amounting to about 2000 dollars. After the plaintiff had given in evidence the executions, he proved that M. J. App, the defendant, had in his possession personal property to an amount more than…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
The court charged the jury, that taking the bond and mortgage did not of itself amount to an extension of the time of payment of the execution, and that the sheriff was not thereby discharged, nor the plaintiff barred in his action. But if they were taken upon an agreement to extend the payment of the execution in the hands of the sheriff until the time mentioned in the mortgage, the sheriff would be discharged from proceeding further on the writs, and the defendant,' as surety, would likewise be discharged. To this part of the charge, in the…
2Cases cited3 opinions
- Kyner v. KynerSupreme Court of Pennsylvania · 1837
- Weakly v. Bell & SterlingSupreme Court of Pennsylvania · 1840
- Fink v. MahaffySupreme Court of Pennsylvania · 1839
3Cited by16 opinions
- Rittenhouse v. LeveringSupreme Court of Pennsylvania · 1843
- Lilly v. DunnIndiana Supreme Court · 1884
- Musgrave v. DicksonSupreme Court of Pennsylvania · 1896
- Rooker v. BensonIndiana Supreme Court · 1882
- First National Bank of Ashley v. ReilySuperior Court of Pennsylvania · 1949
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