Brownfield v. Commonwealth ex rel. Manro
Supreme Court of Pennsylvania
IN ERROR. Error to the Court of Common Pleas of Payette county, where a verdict and judgment were rendered in favour of the plaintiff below for nine hundred and fifty-six dollars and thirty-three cents. It was a scire facias, brought in the name of the commonwealth, for the use of Jonathan Manro, for the use of Nathan Ji.
Read the full summary
IN ERROR. Error to the Court of Common Pleas of Payette county, where a verdict and judgment were rendered in favour of the plaintiff below for nine hundred and fifty-six dollars and thirty-three cents. It was a scire facias, brought in the name of the commonwealth, for the use of Jonathan Manro, for the use of Nathan Ji. Manro, the plaintiff below, against Thomas Brownfield, one of the sureties of Daniel P. Lynch, the sheriff of that county, on a recognizance in ten thousand dollars, given by the sheriff and nine sureties, of whom Brownfield was one, for the performance of his official…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, J.
It docs not, as alleged, appear by the record, that the issue on the plea of nul tiel record, was tried by the jury. But were the fact otherwise, it would be sufficient to say that the recognizance given by a sheriff, is not a record. It is, in this respect, like a mortgage, the execution of which, although it has been recorded, is tried on a scire facias under the plea of non est factum. Possibly the plea of nul tiel record, in a case like this, might be held bad on demurrer; but, with respect to that, as it is not the subject of…
2Cases cited1 opinion
- Hogeboom v. GenetNew York Supreme Court · 1810
3Cited by1 opinion
- Beale v. Commonwealth ex rel. MarksSupreme Court of Pennsylvania · 1827