Commonwealth v. Kendig
Supreme Court of Pennsylvania
Error, to the District Court of Lancaster county. May 14. — This was an action, on an official bond, against a justice of the peace and his surety, in which suggestions of breaches were made, by non-payment of moneys collected by defendant, as justice of the peace, for the three parties to whose use the action was brought.
Read the full summary
Error, to the District Court of Lancaster county. May 14. — This was an action, on an official bond, against a justice of the peace and his surety, in which suggestions of breaches were made, by non-payment of moneys collected by defendant, as justice of the peace, for the three parties to whose use the action was brought. On the trial, plaintiffs proved that Kendig (the justice) brought the bond to house of the surety, where it was signed on Sunday, having been previously executed by himself. It was received and filed by the prothonotary on a subsequent day, after approval. The evidence was…
1Opinion of the CourtRogers, J.
— This is an action on an official bond, taken in pursuance of the sixth section of the act of the 21st of June, 1839, at the suit of the Commonwealth, for the use, &c., against John Ken-dig, a justice of the peace, and his surety, Daniel Good. Pleas, non est factum, and payment.
The bond was signed by Kendig on Saturday, and by Good on Sunday, but was not delivered to the prothonotary until the Monday following.
Under the construction given to the act of the 22d of April, 1794, which prohibits, under a penalty, any worldly employment or business whatever on Sunday, it is decided in Kepner v.…
2Cases cited2 opinions
- Kepner v. KeeferSupreme Court of Pennsylvania · 1837
- Fox v. MenschSupreme Court of Pennsylvania · 1842
3Cited by5 opinions
- Curtin v. People's Natural Gas Co.Supreme Court of Pennsylvania · 1912
- Harper v. PierceSupreme Court of Oklahoma · 1913
- Jackson City Bank & Trust Co. v. SternburgMichigan Supreme Court · 1937
- City of Philadelphia v. Toner, Pennsylvania Court of Common Pleas, Philadelphia County1949
- Commonwealth v. Globe Indemnity Co., Pennsylvania Court of Common Pleas, Erie County1935