County of Schuylkill v. Copley
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Schuylkill county:, Of January Term 1870, No. 369-|. . This was a feigned issue, directed on the 21st of March 1868, to he formed between Peter Copley as plaintiff and The County of Schuylkill defendant, to try whether a bond, on which judgment had been entered, purporting to have been executed by Copley and others to the county of Schuylkill, was'the bond of Copley.
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Error to the Court of Common Pleas of Schuylkill county:, Of January Term 1870, No. 369-|. . This was a feigned issue, directed on the 21st of March 1868, to he formed between Peter Copley as plaintiff and The County of Schuylkill defendant, to try whether a bond, on which judgment had been entered, purporting to have been executed by Copley and others to the county of Schuylkill, was'the bond of Copley. The bond in question was an official bond, dated June 30th 1865, and was in the penalty of $26,012; it purported to have been executed by Thomas Eogarty, Peter Copley,, and fourteen other…
1Opinion of the Court
The opinion of the court was delivered,
by Agnew, J.
This was a feigned issue to try the question whether a certain bond, on which judgment had been entered under a warrant of attorney, was the deed of Peter Copley, as one of the sureties of *389Thomas Fogarty, a collector of taxes. It was proved on the trial that Fogarty obtained the signature of Copley, who was an illiterate man, by representing to him that the paper was a petition to the county commissioners for his appointment as tax collector. The county contended that the deception mattered not, unless it be shown that the county had a…
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