Campbell v. Commonwealth ex rel. Frick
Supreme Court of Pennsylvania
In Error. ERROR to Northumberland county, in an action of debt 0n bond, in the name of the Commonwealth, for the use of Daniel Hurley, against John B. Campbell, constable of Au- and the sureties in his official bond, in which the following statement of facts was returned with the re- , Cora l On the 20th of April, 1818, the defendants entered into a bond in the penalty of one thousand dollars, conditioned for the faithful performance of the duty of constable by John B.…
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In Error. ERROR to Northumberland county, in an action of debt 0n bond, in the name of the Commonwealth, for the use of Daniel Hurley, against John B. Campbell, constable of Au- and the sureties in his official bond, in which the following statement of facts was returned with the re- , Cora l On the 20th of April, 1818, the defendants entered into a bond in the penalty of one thousand dollars, conditioned for the faithful performance of the duty of constable by John B. Campbell. The plaintiff alleged as a breach of the condition °f t^le bond, that Campbell became liable, as constable, to…
1Opinion of the Court
The judgment of the Court was delivered by
Duncan J. —
Two questions are raised on this record:
The first is, whether, on a bond given by a constable and his sureties, the Court of Common Pleas has jurisdiction?
Second. If the Court had jurisdiction, it is contended that the verdict and judgment are wrong; that they should-have been for the penalty, and damages assessed on the breaches assigned, so that any one aggrieved by the official misconduct of the constable, could proceed on the judgment by scire facias.
The Act of the 20th of March, 1810, sec. 19, Purd. Dig. 361, provides, that where a…
2Cited by4 opinions
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- Evans v. FreySupreme Court of Pennsylvania · 1834
- Commonwealth ex rel. Polk v. Sayres, Pennsylvania Court of Common Pleas, Philadelphia County1836
- Dunn v. CommonwealthSupreme Court of Pennsylvania · 1826