Evans v. Commonwealth
Supreme Court of Pennsylvania
ERROR to the common pleas of Luzerne county. The Commonwealth of Pennsylvania, for the use of Jabel Carver, against John Evans, Benjamin Jenkins, and George Miller. This was an action upon the official bond of John Evans, who was a constable. Carver had previously sued Evans himself and obtained a judgment against him; and, when this suit was brought, Evans had applied for the benefit of the insolvent laws, but had not been discharged.
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ERROR to the common pleas of Luzerne county. The Commonwealth of Pennsylvania, for the use of Jabel Carver, against John Evans, Benjamin Jenkins, and George Miller. This was an action upon the official bond of John Evans, who was a constable. Carver had previously sued Evans himself and obtained a judgment against him; and, when this suit was brought, Evans had applied for the benefit of the insolvent laws, but had not been discharged. Parol proof was given that Evans was insolvent, however, when this suit was brought. Two questions arose: Whether the judgment of Carver against Evans, the…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The principle of Masser v. Strickland, 17 Serg. & Rawle 354, as settled by a majority of this court, would seem to rule this case. There it was held that a judgment against the constable was not only conclusive against his sureties as to the misconduct or neglect of duty on the part of the constable, which was made the ground of action whereon the judgment was obtained against him, but likewise as to the amount of damages actually sustained by the plaintiff. According to the^. principle thus established, the judgment obtained by the…
2Cases cited1 opinion
- Masser v. StricklandSupreme Court of Pennsylvania · 1828
3Cited by15 opinions
- Spencer v. DearthSupreme Court of Vermont · 1870
- Stephens v. ShaferWisconsin Supreme Court · 1879
- Commonwealth v. A. B. Baxter & Co.Supreme Court of Pennsylvania · 1912
- McMicken v. CommonwealthSupreme Court of Pennsylvania · 1868
- Commonwealth v. TurnerSupreme Court of Pennsylvania · 1940
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