Commonwealth v. Milnor
Superior Court of Pennsylvania
Appeal, No. 14, Feb. T., 1903, by plaintiff, from order of C. P. Lycoming Co., June T., 1902, No. 465, discharging rule for judgment for want of a sufficient affidavit of defense in case of Commonwealth to use of Cora A. Owens v. Harvey G. Milnor, Sheriff, and the American Bonding and Trust Company of Baltimore. Assumpsit on the official bond of a sheriff. Before Hart, P. J. The opinion of the Superior Court states the case.
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Appeal, No. 14, Feb. T., 1903, by plaintiff, from order of C. P. Lycoming Co., June T., 1902, No. 465, discharging rule for judgment for want of a sufficient affidavit of defense in case of Commonwealth to use of Cora A. Owens v. Harvey G. Milnor, Sheriff, and the American Bonding and Trust Company of Baltimore. Assumpsit on the official bond of a sheriff. Before Hart, P. J. The opinion of the Superior Court states the case. Error assigned was order discharging rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Morrison, J.,
This is an action of assumpsit on the official bond of the sheriff of Lycoming county. The error assigned is in discharging the rule for judgment against the defendants for want of a sufficient affidavit of defense. The declaration is on the official bond of the sheriff of Lycoming county, and it avers that he took upon himself the duties of said office and continued therein up to the time of the bringing of the suit.
The cause of action is stated thus : “ On November 15,1901, the use plaintiff in this suit made information before Henry C. Kellenbach, one of the aldermen…
2Cases cited6 opinions
- Corry v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1900
- Commonwealth ex rel. John T. Baldwin & Co. v. YeisleySuperior Court of Pennsylvania · 1898
- Osborn v. First National BankSupreme Court of Pennsylvania · 1893
- Bartoe v. GuckertSupreme Court of Pennsylvania · 1893
- Borlin v. Commonwealth ex rel. HillisSupreme Court of Pennsylvania · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Coyle v. SchrullSuperior Court of Pennsylvania · 1912
- Schjerup v. Upper Merion Township School DistrictSuperior Court of Pennsylvania · 1937
- Commonwealth v. Turner, Pennsylvania Court of Common Pleas, Philadelphia County1940
- Crowther v. Pottstown Borough, Pennsylvania Court of Common Pleas, Montgomery County1924
- Edward F. Gerber Co. v. Title Guaranty & Surety Co.District Court, M.D. Pennsylvania · 1914