Saunders v. Perkins
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 8 OF PHILADELPHIA COUNTY. No. 54 January Term 1891, Sup. Ct.; court below, number and term not given. On January 28, 1885, Oscar P. Saunders, and Oscar P. Saunders executor of Sarah J. Saunders, deceased, in the right of said executor, brought debt against Howard Perkins, under the statutes of Westminster 2d (18 Edw. L, cap. 2, and 1 Rich.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 8 OF PHILADELPHIA COUNTY. No. 54 January Term 1891, Sup. Ct.; court below, number and term not given. On January 28, 1885, Oscar P. Saunders, and Oscar P. Saunders executor of Sarah J. Saunders, deceased, in the right of said executor, brought debt against Howard Perkins, under the statutes of Westminster 2d (18 Edw. L, cap. 2, and 1 Rich. II. cap. 12),* to recover from the defendant the amount of a certain judgment in favor of the plaintiff and against one William Quigg. The plaintiff’s statement of claim averred, in substance, that…
1Opinion of the Court
Opinion, Mr. Chief Justice Paxson:
We decided in Saunders v. Quigg, 112 Pa. 546, that, when William Quigg surrendered himself to the warden or keeper of the Philadelphia county prison, it was a compliance with the condition of his bond, and discharged his surety, notwithstanding the prison authorities refused to detain him. In Keim v. Saunders, 120 Pa. 121, we held that the sheriff was liable for Quigg’s escape, for the reason that, under the peeuliar laws regulating the Philadelphia county prison, the sheriff was not the keeper thereof, and had no control over it. And in Saunders v. Smith,…
2Cases cited3 opinions
- Saunders v. QuiggSupreme Court of Pennsylvania · 1886
- Keim v. SaundersSupreme Court of Pennsylvania · 1888
- Saunders v. SmithSupreme Court of Pennsylvania · 1890