Shover v. Funk
Supreme Court of Pennsylvania
ERROR to. the Common Pleas of Franklin county. The Commonwealth for the use of Shover & Harbaugh against Funk and others. ■ This was an action of debt upon a constable’s bond; and to support it,.the plaintiffs gave in evidence a judgment in their favour upon the docket of a justice for $93.85 against Samuel Fisher and John P. Baker, and an execution issued thereupon and placed in the hand of Funk, the present defendant, then a constable, for collection.
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ERROR to. the Common Pleas of Franklin county. The Commonwealth for the use of Shover & Harbaugh against Funk and others. ■ This was an action of debt upon a constable’s bond; and to support it,.the plaintiffs gave in evidence a judgment in their favour upon the docket of a justice for $93.85 against Samuel Fisher and John P. Baker, and an execution issued thereupon and placed in the hand of Funk, the present defendant, then a constable, for collection. In due time the constable returned the execution “ with prothonotary’s discharge of defendant Baker, he having filed a bond,” &c.. The…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
When an execution is delivered to a constable, he cannot discharge himself from payment of the debt except 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. Act of 1810, section 12. Of the sufficiency of the return, the justice in the first instance must judge, but whether it be good or not, does not depend on whim or caprice, but on fixed and certain principles of law. If, therefore, he deems a return good, which is clearly otherwise, the…
2Cited by3 opinions
- Bachman v. FenstermacherSupreme Court of Pennsylvania · 1886
- Hunt v. BarryNew York County Court, Orleans County · 1889
- Irvin v. SmithWisconsin Supreme Court · 1886