Legal Opinion

Schaffer v. M'Namee

Supreme Court of Pennsylvania

Decided May 30, 1825PublishedCited by 2 opinions

in error. Error to the Court of Common Pleas of Dauphin county. James M‘Namee, the defendant in error and plaintiff below, brought this suit originally before a justice of the peace against Peter Wenrich, the intestate, .while living, as sheriff of Dauphin county, claiming a debt of fifty-four dollars, eightv-seven cents and costs, as due to him from the sheriff, for suffering the escape of a certain James Campbell, against whom the plaintiff had recovered that sum, and had…

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in error. Error to the Court of Common Pleas of Dauphin county. James M‘Namee, the defendant in error and plaintiff below, brought this suit originally before a justice of the peace against Peter Wenrich, the intestate, .while living, as sheriff of Dauphin county, claiming a debt of fifty-four dollars, eightv-seven cents and costs, as due to him from the sheriff, for suffering the escape of a certain James Campbell, against whom the plaintiff had recovered that sum, and had arrested Campbell on execution by a constable, who delivered him at the prison to the keeper thereof. Judgment was…

1Opinion of the Court

The opinion of the court was delivered by

Gibson, J.

This action is not, as has been supposed, founded in an implied contract of the sheriff to execute his office with fidelity, but in tort. Trespass for a battery might with the same reason be held to arise ex contractu, the act for which it lies being a breach of the original compact, to which every member of society is supposed to be a party. The “ causes of action arising from contract either express or implied,” which appertain to the jurisdiction of a justice of the peace, are those which arise from an agreement or understanding…

2Cited by2 opinions

  1. Ellsworth v. BarstowSupreme Court of Pennsylvania · 1838
  2. Commonwealth ex rel. Potter v. ReynoldsSupreme Court of Pennsylvania · 1828

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