M'Coy v. Reed
Supreme Court of Pennsylvania
ERROR to the common pleas of Columbia county. This was an action in the name of the commonwealth for the use of William M’Coy, against Isaiah Reed, sheriff, upon his official bond.
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ERROR to the common pleas of Columbia county. This was an action in the name of the commonwealth for the use of William M’Coy, against Isaiah Reed, sheriff, upon his official bond. A declaration was filed upon the bond, and the following breach assigned: “ And the said plaintiff, as a breach of the condition of said bond, alleges, that the said Isaiah Reed did not perform the duties of the office of sheriff of the said county, for that, he neglected to advertise and expose to sale the property levied upon by him by virtue of a writ of fieri facias, issued out of the court of common pleas of…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
An adjudication of money to a younger judgment creditor on the basis of official misconduct, would certainly not protect the officer from the action of a party injured. But the presumption is primarily against culpability’’; and the fact of adjudication, as it appears in these pleadings, the ground of it not being disclosed, is sufficient for the defence in the first instance, provided the record be not precluded, for other causes, from operating between the parties. Granting the proceeding to be res inter alios acta, and not' in rem, for…
2Cases cited2 opinions
- Barr v. Gratz's HeirsSupreme Court of the United States · 1819
- Hickman v. CaldwellSupreme Court of Pennsylvania · 1834
3Cited by3 opinions
- McGinnis v. PriesonSupreme Court of Pennsylvania · 1877
- Com. Ex Rel., to Use v. DelucaSuperior Court of Pennsylvania · 1938
- Commonwealth v. DeLucaSuperior Court of Pennsylvania · 1938