Legal Opinion

Harger v. Commissioners of Washington County

Supreme Court of Pennsylvania

Decided September 15, 1849PublishedCited by 12 opinions

In error from the Common Pleas of Washington. The plaintiffs in this case entered judgment under a warrant of attorney upon a bond conditioned that “ the parties above bounden shall well and truly pay the costs imposed upon George Harger, by the Court of May Sessions, 1844, of which he, the said George Harger, in this case stands charged, within twelve months from the date of their obligations.”

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In error from the Common Pleas of Washington. The plaintiffs in this case entered judgment under a warrant of attorney upon a bond conditioned that “ the parties above bounden shall well and truly pay the costs imposed upon George Harger, by the Court of May Sessions, 1844, of which he, the said George Harger, in this case stands charged, within twelve months from the date of their obligations.” George Harger had been tried on an indictment, and the verdict was not guilty, defendant to pay the costs of prosecution. The bond was given the day after the verdict, and no sentence or judgment was…

1Opinion of the CourtBell, J.

There can be no doubt that error lies on an award of execution: 1 Lord Raymond, 98; Cassell v. Duncan, 2 S. & R. 57; and it has been expressly determined this rule embraces a fi.fa. improvidently issued for costs not legally due, if that be apparent of record: Barnett v. Ihrie, 1 Rawle, 53. The objection made to the removal of these executions is therefore untenable, and the question whether they were improvidently issued, is properly presented for determination here.

The record brought up shows that George Harger, one of the defendants, was acquitted of the offence of which he stood indicted…

2Cases cited4 opinions

  1. Barnet v. IhrieSupreme Court of Pennsylvania · 1828
  2. Longstreth & Cook v. GraySupreme Court of Pennsylvania · 1832
  3. Baker ex rel. Hazlehurst v. SmithSupreme Court of Pennsylvania · 1805
  4. Alden v. LeeSupreme Court of Pennsylvania · 1792

3Cited by12 opinions

  1. Gould v. McFallSupreme Court of Pennsylvania · 1888
  2. Commonwealth v. GiaccioSupreme Court of Pennsylvania · 1964
  3. Commonwealth v. GiaccioSuperior Court of Pennsylvania · 1963
  4. Maslankowski v. CarterSupreme Court of Alabama · 1973
  5. Hotsradt v. Delaware, L. & W. R. R.U.S. Circuit Court for the District of Middle Pennsylvania · 1910

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