Jamieson v. Capron
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Warren county: Of May Term 1880, No. 211. Debt by J. R. Capron for use of Henry P. Duncan and others, against H. E. Brown, administrator of the estate of E. H. Dunn, .deceased, John R. Shaw and H. A. Jamieson. This action was brought to recover on two property bonds given in two actions of replevin instituted in the Common Pleas of Warren county. The writ was served on H. A. Jamieson alone, the surety for the defendants in the bonds.
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Error to the Court of Common Pleas of Warren county: Of May Term 1880, No. 211. Debt by J. R. Capron for use of Henry P. Duncan and others, against H. E. Brown, administrator of the estate of E. H. Dunn, .deceased, John R. Shaw and H. A. Jamieson. This action was brought to recover on two property bonds given in two actions of replevin instituted in the Common Pleas of Warren county. The writ was served on H. A. Jamieson alone, the surety for the defendants in the bonds. Both replevin suits were brought in the names of Henry P. Duncan, Samuel Duncan and Stephen Duncan, executors of Stephen…
1Opinion of the CourtJustice Sterrett
The contention of the plaintiff in error is that he was discharged from liability as surety on the property bonds in consequence of the amendments in the replevin suits, made without authority of law, as he claims, and without his knowledge or consent. The actions gf replevin were brought by Henry P. Duncan, Samuel Duncan and Stephen Duncan, executors of the last will and testament of Stephen Duncan, deceased, against Eli H. Dunn et ah, who claimed the property replevied, gave bonds to the sheriff in the usual form, and pleaded non eepit and property, upon which issue was joined.…
2Cited by5 opinions
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- Newman v. Globe Indemnity Co.Supreme Court of Pennsylvania · 1923
- Cairns v. E. P. Wilbur Trust Co., Pennsylvania Court of Common Pleas, Lehigh County1933
- Commonwealth v. Seeherman, Pennsylvania Court of Common Pleas, Dauphin County1935
- Spiegel v. Magill, Pennsylvania Court of Common Pleas, Westmoreland County1930