Legal Opinion

Commonwealth v. Burns

Superior Court of Pennsylvania

Decided July 26, 1900No. Appeal, No. 156PublishedCited by 7 opinions

Appeal, No. 156, April T., 1900, by Platt-Barber Company, in suit of Commonwealth to use of PlattBarber Company against Edward C. Burns et al., from judgment of C. P. Jefferson Co., Sept. T., 1898, No. 313, on judgment of nonsuit. Opinion by W. D. Porter, J. W. W. Porter, J., dissent. Assumpsit. It appears from the record that this was an action on an official bond of the sheriff. Other material facts appear in the opinion of the court.

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Appeal, No. 156, April T., 1900, by Platt-Barber Company, in suit of Commonwealth to use of PlattBarber Company against Edward C. Burns et al., from judgment of C. P. Jefferson Co., Sept. T., 1898, No. 313, on judgment of nonsuit. Opinion by W. D. Porter, J. W. W. Porter, J., dissent. Assumpsit. It appears from the record that this was an action on an official bond of the sheriff. Other material facts appear in the opinion of the court. The court below entered a nonsuit which it subsequently on motion refused to take off, entering the following order: [It appears from the record of the…

1Opinion of the Court

Opinion by

W. D. Porter, J.,

The docket entries printed in appellant’s paper book indicate that this is an action upon the official bond of Edward C. Burns, sheriff of Jefferson county. The plaintiff’s have failed to print their statement, which may have assigned'breaches of *253official duty upon the part of the sheriff, but we are left to assume that fact. When the action of the court below which is assigned for error consists in the refusal to take off a nonsuit, it is important that the plaintiff should print his statement, in order that it may be determined whether the evidence which lie…

2Cases cited11 opinions

  1. Warder v. TainterSupreme Court of Pennsylvania · 1835
  2. Book v. DaySupreme Court of Pennsylvania · 1899
  3. Knox v. FlackSupreme Court of Pennsylvania · 1853
  4. Stevenson v. VirtueSuperior Court of Pennsylvania · 1900
  5. Yaple v. TitusSupreme Court of Pennsylvania · 1862

6 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Locey v. Sterling Motor Truck Co.Superior Court of Pennsylvania · 1931
  2. Lamberton National Bank v. KinestonSuperior Court of Pennsylvania · 1934
  3. Necker v. SedgwickSuperior Court of Pennsylvania · 1908
  4. Fidelity & Deposit Co. of Maryland v. HartonSuperior Court of Pennsylvania · 1923
  5. Borger v. Jones, Pennsylvania Court of Common Pleas, Lehigh County1922

2 more not listed; retrieve them via the Exa API.

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