Young v. Commonwealth ex rel. Boales
Supreme Court of Pennsylvania
Ik Error. Upon a writ of error to Indiana county, it appeared, that this action was brought in the name of the commonwealth for the use of William Boales, against Samuel Young late coroner of Indiana, and his sureties, on his official bond, to recover a sum of money which came to the hands of Young as coroner, and which belonged to Boales. The defendants pleaded non est factum, and performance.
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Ik Error. Upon a writ of error to Indiana county, it appeared, that this action was brought in the name of the commonwealth for the use of William Boales, against Samuel Young late coroner of Indiana, and his sureties, on his official bond, to recover a sum of money which came to the hands of Young as coroner, and which belonged to Boales. The defendants pleaded non est factum, and performance. On the first, issue was joined ; and to the second there was a replication setting forth a breach of condition of the bond by non-payment of moneys levied by the coroner on an execution, and on this,…
1Opinion of the Court
Tilghman C. J.
after stating the case, delivered his opinion as follows.
If the copy was evidence it must be by virtue of the act of assembly of the 28th March 1803 ; for it certainly was not evidence by the rules of the common law. This act of assembly was made for the purpose of directing the manner in which sheriffs and coroners should give security for the faithful performance of their official duties. It requires that they should give a bond, and also enter into a recognizance in a sum mentioned in the act, with securities, to be approved in the first place b}7 the county court, and…
2Cited by1 opinion
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