Commonwealth Ex Rel. Fenton Storage Co. v. McClane

Opinion by

Hirt, J.,

In this action against Abram F. McClane, as surety on a constable’s bond, the court entered judgment in favor of the representative of his estate (he having died after suit) on his affidavit of defense raising questions of law in lieu of demurrer.

These facts appear from plaintiff’s statement of claim: Samuel B. Ashbrook was elected constable of the 46th Ward of the City of Philadelphia for a term of six years beginning January 1, 1932. On November 30, 1931, McClane signed a bond, in the sum of $1,000 in favor of the Commonwealth as surety conditioned upon the faithful…