Legal Opinion

Beale's Executors v. Commonwealth ex rel. Worrell

Supreme Court of Pennsylvania

Decided June 21, 1824PublishedCited by 3 opinions

IN ERROR. On the return of the record of this case from the Court of Common Pleas of Mifflin county, it appeared that it was. an action of debt on a recognizance, brought by the plaintiffs below, the defendants in error, against the executors of William Beale, one of the securities of the coroner of that county, for alleged official misconduct for whose use this suit was brought, obtained a judgment for 600 dollars and 51 cents, against David Reynolds, in the Common Pleas-…

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IN ERROR. On the return of the record of this case from the Court of Common Pleas of Mifflin county, it appeared that it was. an action of debt on a recognizance, brought by the plaintiffs below, the defendants in error, against the executors of William Beale, one of the securities of the coroner of that county, for alleged official misconduct for whose use this suit was brought, obtained a judgment for 600 dollars and 51 cents, against David Reynolds, in the Common Pleas- of Mifflin county, at Jlugust Term, 1819, upon which a fi. fa. issued returnable to January Term, 1820. Reynolds, the…

1Opinion of the Court

The opinion of the court was delivered by

Duncan, J.

The natural order of considering the questions raised on the record is, first, was the testator of the plaintiffs in error, responsible as the bail of the coroner, for his official misconduct in the execution of the fi. fa.'?

Secondly. Was there legal evidence, that M‘Clure, who executed it, was the deputy of the coroner?

Thirdly. Was it competent to the plaintiffs in error to show, the real value of the specific articles levied on, where the return of levy, was of these articles, together with the whole of the defendant’s personal property,…

2Cited by3 opinions

  1. Beale v. CommonwealthSupreme Court of Pennsylvania · 1838
  2. Frisch v. MillerSupreme Court of Pennsylvania · 1847
  3. Taylor's AppealSupreme Court of Pennsylvania · 1845

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