Legal Opinion

Yard v. Lea

Supreme Court of Pennsylvania

Decided March 15, 1802PublishedCited by 4 opinions

Scire facias. The following case was stated for the opinion of the court, and agreed to be considered as a special verdict.

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Scire facias. The following case was stated for the opinion of the court, and agreed to be considered as a special verdict. On the 1st August 1791, John Chaloner, since deceased, was duly appointed and commissioned an auctioneer for the city of Philadelphia; and on the next day, he together with Leonard Dorsey, who is also since deceased, and the said Thomas Lea, who is also since deceased, as his sureties, executed a joint and several bond to Alexander James Dallas, the secretary of the commonwealth, in the penalty of 2000I., with a condition undei written, that “if the said John Chaloner…

1Opinion of the CourtSmith, J.

I will state the several acts on the subject, making such remarks on each as occur in stating it, in order that I may more briefly and clearly make the application of them, on a view of the whole connected.

He then stated in a particular manner the laws which had been cited by the plaintiffs’ counsel in the beginning of their argument, and proceeded thus :

The meaning of the proviso in the 2d section of the act of 13th April 1782, is obvious. There being then so many auctioneers, and every person meaning to employ any of them, *having his choice, there would be a competition of course; and…

2Cases cited3 opinions

  1. Stroll v. LevanSupreme Court of Pennsylvania · 1861
  2. Commonwealth v. EvansSupreme Court of Pennsylvania · 1833
  3. Lea v. Yard. Hazlehurst v. Dallas, Secretary of the CommonwealthSupreme Court of the United States · 1804

3Cited by4 opinions

  1. White's Executors v. CommonwealthSupreme Court of Pennsylvania · 1861
  2. Commonwealth v. EvansSupreme Court of Pennsylvania · 1833
  3. Commonwealth v. WenrickSupreme Court of Pennsylvania · 1839
  4. Jones v. TrimbleSupreme Court of Pennsylvania · 1832

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