Commonwealth v. Lentz
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county : Of January Term, 1884, No. 376. This was an action of debt by the Commonwealth to the use of John Black, upon the official bond of George Lentz, constable, and Charles L. Green and R. II. Brubaker, his sureties on said bond, for refusal by Lentz to accept and execute an execution issued upon the judgment of an alderman in favor of John Black against William N. Brady. Plea, nil debet.
Read the full summary
Error to the Court of Common Pleas of Lancaster county : Of January Term, 1884, No. 376. This was an action of debt by the Commonwealth to the use of John Black, upon the official bond of George Lentz, constable, and Charles L. Green and R. II. Brubaker, his sureties on said bond, for refusal by Lentz to accept and execute an execution issued upon the judgment of an alderman in favor of John Black against William N. Brady. Plea, nil debet. Ou the trial, before Patterson, J., the following facts appeared: John Black, a resident of the Second ward, recovered judgment before Alderman Wiley, of…
1Opinion of the CourtJustice Gordon
As the action in this ease is against Constable George Lentz and his sureties for damages resulting from his refusal to receive and execute an execution issued by Alderman Wiley, of the second ward of the city of Lancaster, the question does not involve the power of the alderman to direct the writ as he did, but rather the power of the constable to refuse to receive it. That it is not only customary, but lawful, for aldermen and justices of the peace to issue their process to other constables than the one residing in the same ward with the defendant, we do not doubt; neither do we hesitate to…
2Cited by10 opinions
- Ristau Et Ux. v. Crew Levick Co.Superior Court of Pennsylvania · 1933
- Com. Ex Rel., to Use v. DelucaSuperior Court of Pennsylvania · 1938
- Commonwealth v. DeLucaSuperior Court of Pennsylvania · 1938
- Pollock v. IngramSuperior Court of Pennsylvania · 1898
- Barringer v. Case, Pennsylvania Court of Common Pleas, Montgomery County1940
5 more not listed; retrieve them via the Exa API.