Legal Opinion

Rainey v. Commonwealth

Supreme Court of Pennsylvania

Decided September 15, 1840Published

ERROR to the common pleas of Cambria comity. The commonwealth df Pennsylvania for the use of Abraham Horbach against William Rainey and others.

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ERROR to the common pleas of Cambria comity. The commonwealth df Pennsylvania for the use of Abraham Horbach against William Rainey and others. On the 20th May 1839, the plaintiff delivered to the prothonotary of the court of common pleas of Cambria county, a prsecipe “ for a scire facias, in the name of the commonwealth of Pennsylvania for the use of Abraham Horbach, against William Rainey, Peter M’Guire, Michael M’Guire, and John Rainey, Sen., judgment for the penalty in the official bond of William Rainey, as late sheriff of Cambria county,” and a writ of scire facias was issued and served…

1Opinion of the Court

The opinion of the court was delivered by

Sergeant, J.

The complaint is, that the court permitted the plaintiff to amend the scire facias. The plaintiff’s prsecipe directed the prothonotary to issue a scire facias sur judgment for the penalty in the official bond of William Rainey, as late sheriff of Cambria county, in the name of the commonwealth for the use of Abraham Horbach against William Rainey, Peter M’Guire, Michael M’Guire and John Rainey, No. 25, July term 1839. The prothonotary issued a scire facias, reciting that the commonwealth for the use of Abraham Horbach, on the 3d October…

2Cases cited2 opinions

  1. Burrows v. HeyshamSupreme Court of the United States · 1785
  2. Guhr v. ChambersSupreme Court of Pennsylvania · 1822

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