Keller v. Clarke
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Somerset county. George A. Clarke & Co. against Simon Keller. The plaintiff having obtained a judgment before a justice on the 29th March 1842, issued an execution thereupon and put it into the hands of the defendant, who was a constable. On the 18th April, which was the return day of the execution, the constable arrested the defendant, who gave bond and was discharged under the Insolvent Law.
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ERROR to the Common Pleas of Somerset county. George A. Clarke & Co. against Simon Keller. The plaintiff having obtained a judgment before a justice on the 29th March 1842, issued an execution thereupon and put it into the hands of the defendant, who was a constable. On the 18th April, which was the return day of the execution, the constable arrested the defendant, who gave bond and was discharged under the Insolvent Law. On the 19th April the constable returned his execution with the prothonotary’s discharge of the defendant. Upon this state of facts the court below was of opinion that the…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
The 12th section of the Act of 26th March 1810 directs the justice, on the delivery of an execution to a constable, to state an account on his docket of the debt, interest and costs, “ from which the said constable shall not be discharged but by producing to the justice on or before the return day of the execution, the receipt of the plaintiff, or such other return as may be sufficient in law.” After showing how process may go against a constable in default, it directs what shall be done at the hearing: it says “ if the constable refuses, on…
2Cases cited1 opinion
- Evans v. BoggsSupreme Court of Pennsylvania · 1841
3Cited by1 opinion
- Bachman v. FenstermacherSupreme Court of Pennsylvania · 1886