Commonwealth v. Duncan
Supreme Court of Pennsylvania
In error from the Court of Common Pleas of York county. May 16. This was a special scire facias on the official recognisance of Andrew Duncan, as sheriff of York county, brought by the Commonwealth of Pennsylvania, for the use of Isaac Darst, Henry Darst, and Jacob Darst, then for the use of Isaac Darst, against the said Andrew Duncan, with notice to terre tenants.
Read the full summary
In error from the Court of Common Pleas of York county. May 16. This was a special scire facias on the official recognisance of Andrew Duncan, as sheriff of York county, brought by the Commonwealth of Pennsylvania, for the use of Isaac Darst, Henry Darst, and Jacob Darst, then for the use of Isaac Darst, against the said Andrew Duncan, with notice to terre tenants. The paper-book contained only the writ of scire facias and the special plea, in which the facts of the ease, so far as developed, are stated. The recitals and purport of the writ of scire facias, are sufficiently stated in the…
1Opinion of the CourtBurnside, J.
The paper-book shows that a judgment was obtained in the Circuit Court of the United States for the eastern district of Pennsylvania against Duncan, sheriff of York county, who had arrestéd one Jacob Both on a ca. sa., and who had escaped. This was a special scire facias against Sheriff Duncan, with notice to his terre tenant, William Patterson, on his recognisance : 1. Beciting the recognisance of Duncan, and that of John Hartman and others his sureties. 2. Beciting the act of 5th December, 1789, Dunlop, 124, which makes it the duty of all sheriffs, gaolers, prison-keepers, and their…
2Cases cited4 opinions
- Benner v. PhillipsSupreme Court of Pennsylvania · 1845
- Murphy's AppealSupreme Court of Pennsylvania · 1844
- Peaceable v. EasonSupreme Court of Pennsylvania · 1804
- Cowan v. GettySupreme Court of Pennsylvania · 1836