Raush v. Ward
Supreme Court of Pennsylvania
Error to the Common Pleas of Schuylkill county. This suit was brought originally before a justice of the peace, by Isaac Ward against John Raush, who was then the sheriff of Schuylkill county, to recover the amount of a bill for food, provided at the request of Sheriff Raush, to a military company, furnished to said sheriff by the governor of the commonwealth, to aid him in suppressing an extensive and formidable riot, and to arrest the parties engaged in it.
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Error to the Common Pleas of Schuylkill county. This suit was brought originally before a justice of the peace, by Isaac Ward against John Raush, who was then the sheriff of Schuylkill county, to recover the amount of a bill for food, provided at the request of Sheriff Raush, to a military company, furnished to said sheriff by the governor of the commonwealth, to aid him in suppressing an extensive and formidable riot, and to arrest the parties engaged in it. Information upon oath had been lodged before a justice of the peace, and a warrant issued to the sheriff to arrest these parties. The…
1Opinion of the Court
The opinion of the court was delivered, by
Lowrie, O. J.
We have not been able to find any law clearly authorizing the sheriff to provide food and lodging at the expense of the county for the militia, that he may call out for the purpose of suppressing insurrections and riots, and therefore of course we cannot say that the plaintiff below trusted the county rather than the sheriff. The sheriff made the contract sued upon, not clearly as agent of the county, and therefore he must stand personally responsible.
We are not sure that it is not the duty of the military, when called to such service, to…
2Cited by2 opinions
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- Goodman v. CondoSuperior Court of Pennsylvania · 1900