Legal Opinion

Xander v. Commonwealth

Supreme Court of Pennsylvania

Decided April 2, 1883PublishedCited by 9 opinions

Error to the Court of Common Pleas of Berks county: Of January Term 1883, No. 279. Debt, by the commonwealth of Pennsylvania, for the use of Nathan S. Kemp, guardian of Isabella Hill, against George A. Xander, J. B. Potteiger; D. H. Fink and J. II. Jacobs, upon a bond for $400, given by the defendant Xander as guardian of Isabella Hill, and by the other defendants as sureties.

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Error to the Court of Common Pleas of Berks county: Of January Term 1883, No. 279. Debt, by the commonwealth of Pennsylvania, for the use of Nathan S. Kemp, guardian of Isabella Hill, against George A. Xander, J. B. Potteiger; D. H. Fink and J. II. Jacobs, upon a bond for $400, given by the defendant Xander as guardian of Isabella Hill, and by the other defendants as sureties. The name and signature of the defendant Jacobs was erased by pen-marks drawn through the same on the face of the bond. The case was referred to arbitrators, who found for the plaintiff, except as against the defendant…

1Opinion of the CourtJustice Clark

The bond upon which this suit is brought is the official bond of Geo. A. Xander, guardian of Isabella Hill, given under the Act of 29th March 1832, at the date of his appointment, on the 4th day of April 1868,' in the Orphans’ Court of Berks county. Having been approved by the court, this bond was filed in the office of the clerk, in trust for all parties interested ; it is in the penal sum of $400, and is in the exact form and words directed by the statute. The name of J. H. Jacobs, written in the body of the bond, and subscribed as one of the sureties, was in both places erased.

The…

2Cases cited3 opinions

  1. Sullivan v. JohnsSupreme Court of Pennsylvania · 1840
  2. Erwin v. LeibertSupreme Court of Pennsylvania · 1842
  3. Beary v. HainesSupreme Court of Pennsylvania · 1839

3Cited by9 opinions

  1. Wolff v. WilsonSuperior Court of Pennsylvania · 1905
  2. Haines, Jones & Cadbury Co. v. YoungSuperior Court of Pennsylvania · 1900
  3. Commonwealth v. Gutelius (No. 1)Supreme Court of Pennsylvania · 1926
  4. Stauffer Stauffer v. GebhardtSuperior Court of Pennsylvania · 1931
  5. Ridgway Grain Co. v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1910

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