Beltzhoover v. Commonwealth
Supreme Court of Pennsylvania
ALLEGHANY county. This was an action by the Commonwealth at the instance of Hezekiah Niles against Lazarus Stewart, late sheriff, Alexander Hild, John Turner and Henry Beltzhoover, upon the official bond of Stewart. The writ was served on all the defendants, and all appeared by counsel.
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ALLEGHANY county. This was an action by the Commonwealth at the instance of Hezekiah Niles against Lazarus Stewart, late sheriff, Alexander Hild, John Turner and Henry Beltzhoover, upon the official bond of Stewart. The writ was served on all the defendants, and all appeared by counsel. Lazarus Stewart, one of the defendants, confessed a judgment on the docket for 117 dollars and 59 cents in the presence of the plaintiff’s attorney; after which the plaintiff entered a rule to refer the cause to arbitrators, who subsequently made a report, finding for the plaintiff, against Henry Betzhoover,…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
I consider the case of Williams et al. v. M’Fall and others, 2 Serg. & Rawle 280, as ruling this case. That was an action of assumpsit against two upon a joint contract, in which one of the defendants appeared and confessed adjudgment for a certain sum of money, but the other pleaded the general issue, and went on to trial. A verdict was found against him for a smaller sum, and it was held that no judgment could be entered on the verdict. The claim was joint, and the plaintiff, having taken a final and separate judgment against one of them,…
2Cases cited5 opinions
- Williams v. M'FallSupreme Court of Pennsylvania · 1816
- Berentz v. BishopSupreme Court of Pennsylvania · 1819
- Pedan v. CoxSupreme Court of Pennsylvania · 1817
- Marshall v. LowrySupreme Court of Pennsylvania · 1820
- Ranck v. BeckerSupreme Court of Pennsylvania · 1825
3Cited by8 opinions
- Chapman v. DurantMassachusetts Supreme Judicial Court · 1813
- Finch v. LambertonSupreme Court of Pennsylvania · 1870
- Koenig v. Currans Restaurant Co.Supreme Court of Pennsylvania · 1932
- Murtland v. FloydSupreme Court of Pennsylvania · 1893
- Lefferts v. De MottNew York Supreme Court · 1839
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