McJunkin v. Mathers
Supreme Court of Pennsylvania
Appeal, No. 118, Oct. T., 1893, by plaintiff,. J. B. McJunkin, from order of C. P. Butler Co., June T., 1892, No. 92, quashing writ of replevin against John Mathers, constable. Motion to quash writ of replevin to recover cattle seized and impounded by constable.
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Appeal, No. 118, Oct. T., 1893, by plaintiff,. J. B. McJunkin, from order of C. P. Butler Co., June T., 1892, No. 92, quashing writ of replevin against John Mathers, constable. Motion to quash writ of replevin to recover cattle seized and impounded by constable. The facts appear by the following opinion, by Hazen, P. J.: “ The borough of Butler is under the borough act of April 3, 1851, P. L. 320. In pursuance of said act the town council passed and the burgess duly approved, on April 3, 1887, the ordinance offered in evidence carrying into effect, in said borough, section 2, clause 9, of…
1Opinion of the Court
Per Curiam,
The judgment in this case is affirmed on the opinion of the learned court below. The constable could not be expected to know how the cow escaped. He found her straying in the streets and it was his duty to impound her. As a matter of course he was an officer acting under the authority of the state.
Judgment affirmed.
2Cited by2 opinions
- York v. MarshallSupreme Court of Pennsylvania · 1917
- Cunningham v. Wilmerding BoroughSuperior Court of Pennsylvania · 1909