Myers v. Clark
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Luzerne county. William Clark against Thomas Myers, late sheriff. This was an action against the sheriff for taking insufficient sureties upon a writ of replevin at the suit of John Jackson against William Clark. The plaintiff offered in evidence the record of the trial, verdict and judgment in the action of replevin, Jackson v. Clark.
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ERROR to the Common Pleas of Luzerne county. William Clark against Thomas Myers, late sheriff. This was an action against the sheriff for taking insufficient sureties upon a writ of replevin at the suit of John Jackson against William Clark. The plaintiff offered in evidence the record of the trial, verdict and judgment in the action of replevin, Jackson v. Clark. The defendant objected to it on the ground that the judgment was entered two days prior in date to the verdict; but the court overruled the objection, and sealed a bill of exception. The plaintiff then gave in evidence the record of…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
This was an action commenced in the court below, against the plaintiff in error, for having, as sheriff of Luzerne county, taken insufficient bail of a certain John Jackson, for executing a writ of replevin sued out of the Common Pleas of Luzerne county by him, against the defendant in error, who was the plaintiff below. ■ The first error assigned is a bill of exception to the opinion of the court, in admitting the record of the replevin suit in evidence. The objection to giving this record in evidence, was founded upon a discrepancy between…
2Cases cited1 opinion
- Pearce v. HumphreysSupreme Court of Pennsylvania · 1826
3Cited by6 opinions
- Newbert v. CunninghamSupreme Judicial Court of Maine · 1863
- Bank of Middlebury v. Town of RutlandSupreme Court of Vermont · 1860
- Watterson v. FuellhartSupreme Court of Pennsylvania · 1895
- Charleston RoadSupreme Court of Pennsylvania · 1854
- Larney v. PeopleAppellate Court of Illinois · 1899
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