County of Sullivan v. Middendorf
Superior Court of Pennsylvania
Appeal, No. 31, Feb. T., 1898, by James K.. Farrell et al., from order of C. P. Sullivan Co., Feb. T., 1897, No. 83, discharging rule to open judgment. Assumpsit on bond of tax collector.
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Appeal, No. 31, Feb. T., 1898, by James K.. Farrell et al., from order of C. P. Sullivan Co., Feb. T., 1897, No. 83, discharging rule to open judgment. Assumpsit on bond of tax collector. Before Dunham, P. J. It appears from the record that tbe defendant, Middendorf, was elected tax collector for Cherry township for the year beginning April 1, 1894, and before entering upon the duties of his office he gave a bond in due form of law in the sum of $15,000 with the other defendants as sureties. On the 10th of February, 1897, suit was brought upon this bond at the suggestion and to the use of…
1Opinion of the Court
Opinion by
Smith, J.,
A judgment for the plaintiff is based on the right of action set forth in the declaration, and cannot be extended beyond it. This is an elementary principle, illustrated in a long line of cases, from Gordon v. Kennedy, 2 Binn. 287, to Acme Co. v. Reed, 181 Pa. 382. If the declaration lacks the essentials of a cause of action, in matters of substance, judgment for want of an affidavit or of a sufficient affidavit of defense will be reversed : Camp v. Bank, 10 Watts, 130; Gould v. Gage, 118 Pa. 559; Acme Co. v. Reed, supra. And such defect will be fatal also in arrest of…
2Cases cited11 opinions
- Commonwealth v. WestSupreme Court of Pennsylvania · 1828
- Acme Manufacturing Co. v. ReedSupreme Court of Pennsylvania · 1897
- Gould & Co. v. Gage, Hitchcock & Co.Supreme Court of Pennsylvania · 1888
- Shackamaxon Bank v. YardSupreme Court of Pennsylvania · 1891
- Commonwealth ex rel. Sharon School District v. StambaughSupreme Court of Pennsylvania · 1894
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3Cited by3 opinions
- Commonwealth v. ClipshamSuperior Court of Pennsylvania · 1901
- Clement v. CourtrightSuperior Court of Pennsylvania · 1898
- Commonwealth v. PerregoSuperior Court of Pennsylvania · 1909