Roth v. Miller
Supreme Court of Pennsylvania
IN ERROR. Error to the Court of Common Pleas of Northampton county. The plaintiffs in error, Peter Both and John Both, were also plaintiffs below, and Jacob Miller and Jacob Bauer defendants. There was a third defendant, George Keim, as to whom the sheriff, (being permitted to amend his return,) returned nihil habet. The action was debt upon a bond, in which the obligors were called executors of the estate of.
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IN ERROR. Error to the Court of Common Pleas of Northampton county. The plaintiffs in error, Peter Both and John Both, were also plaintiffs below, and Jacob Miller and Jacob Bauer defendants. There was a third defendant, George Keim, as to whom the sheriff, (being permitted to amend his return,) returned nihil habet. The action was debt upon a bond, in which the obligors were called executors of the estate of. Conrad Both; the penalty of which was three thousand nine hundred and sixty-two dollars, sixty-nine cents, and the condition as follows. “Whereas David Musselman, by seven certain…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
This case does not come up in the most lucid order, It takes some pains to relieve it from the obscurity, in which on a first view it appears to be involved; but, when it is understood, it presents a very clear case.
It was an action on an obligation of indemnity, reciting that David Mussleman, by seven certain obligations, bearing even date herewith, together with Peter Roth and John Roth, did stand bound to the heirs of Conrad Roth, deceased, in the sum *105of three thousand nine hundred and sixty-two dollars, to be paid in seven instalments by…
2Cases cited2 opinions
- Bender v. FrombergerSupreme Court of the United States · 1806
- McFerran v. TaylorSupreme Court of the United States · 1806
3Cited by6 opinions
- Commonwealth v. WestSupreme Court of Pennsylvania · 1828
- Hutchinson v. CommonwealthSupreme Court of Pennsylvania · 1847
- Roop v. BrubackerSupreme Court of Pennsylvania · 1829
- Bauer v. RothSupreme Court of Pennsylvania · 1833
- Jones v. TrimbleSupreme Court of Pennsylvania · 1832
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