Pontius v. Commonwealth
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Union county. The Commonwealth, for the use of the Bank of Pennsylvania, against Frederick Pontius. This was an action against the plaintiff, as surety of John Cummings, sheriff, to recover the amount of several executions, at the suit of the bank, against Mathias J. App, which were put into, his hands for collection.
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ERROR to the Common Pleas of Union county. The Commonwealth, for the use of the Bank of Pennsylvania, against Frederick Pontius. This was an action against the plaintiff, as surety of John Cummings, sheriff, to recover the amount of several executions, at the suit of the bank, against Mathias J. App, which were put into, his hands for collection. The plaintiff’s calculation, submitted to the jury, included the balance of the debt and interest of the several executions, and $11.66 of costs, which were judgment fees of the plaintiff’s attorney and prothonotary’s costs. The court instructed the…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
— This action was instituted, upon the official bond of John Cummings, late sheriff of Union county, by the Bank of Pennsylvania, against Frederick Pontius, as one of the sureties of Cummings, in order to recover various sums of money which Cummings, as sheriff, had received by virtue of several executions placed in his hands, issued upon judgments at the suit of the bank. At the trial of the cause, the counsel for the bank made out a statement of its claim in the form of an account, consisting of debits and credits, and calculations and…
2Cases cited3 opinions
- Beale v. CommonwealthSupreme Court of Pennsylvania · 1838
- Spackman v. ByersSupreme Court of Pennsylvania · 1821
- Furry v. StoneSupreme Court of Pennsylvania · 1792
3Cited by3 opinions
- Hill v. NewmanIndiana Supreme Court · 1874
- Flick's CaseSuperior Court of Pennsylvania · 1912
- McCulla v. Opple, Pennsylvania Court of Common Pleas, Dauphin County1859