Commonwealth, to Use v. Davis (Et Al.)

Opinion by

Baldrige, J.,

E. W. Marsh recovered judgment in the sum of $710 in a trespass case against Edward L. Prue. On January 8, 1931, a capias ad satisfaciendum was directed to Millard L. Davis, sheriff of Erie County, commanding him to take Prue and have him before the court the second Monday of February, 1931, to satisfy this judgment. The final clause in the writ was: “Bond required in sum of $500.”

This action in assumpsit was brought by Marsh against Millard L. Davis, sheriff, and the Fidelity and Casualty Company of New York, his surety, for the failure of the sheriff to comply with…