Legal Opinion

Commonwealth ex rel. Lancaster City v. Frailey

Supreme Court of Pennsylvania

Decided October 9, 1871PublishedCited by 1 opinion

Error to the Court of Common Pleas of Lancaster county: No. 93, to May Term 1871. This was an action of debt by The Commonwealth to the use of the Mayor, &c., of the City of Lancaster, against Charles R. Frailey, John P. Weise and William Carpenter, on Frailey’s official bond as an alderman of the city of Lancaster, the other defendants being his sureties.

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Error to the Court of Common Pleas of Lancaster county: No. 93, to May Term 1871. This was an action of debt by The Commonwealth to the use of the Mayor, &c., of the City of Lancaster, against Charles R. Frailey, John P. Weise and William Carpenter, on Frailey’s official bond as an alderman of the city of Lancaster, the other defendants being his sureties. The writ issued March 15th 1869. The bond was dated February 24th 1865, in the sum of $1000, conditioned in accordance with the 6th section of the Act of June 21st 1839 (Pamph. L. 374, Purd. 591, pi. 15), that Frailey should “ faithfully…

1Opinion of the Court

The opinion of the court was delivered, October 9th 1871, by

Agnew, J.

This case was decided in the court below on the authority of Wise v. Wills, 2 Rawle 208. The cases are dissimilar. In Wise v. Wills there was a settlement between a justice of the peace and a constable for sundry executions put into the hands of the constable’s deputy, upon, which default was alleged to have been made. The justice charged the constable with the sum of $300, alleged to be due upon the executions, and received the money. The suit was brought by the representatives of the constable against the justice, alleging…

2Cases cited2 opinions

  1. Montgomery v. PoormanSupreme Court of Pennsylvania · 1837
  2. Wise v. WillsSupreme Court of Pennsylvania · 1828

3Cited by1 opinion

  1. Ford v. CampbellSuperior Court of Pennsylvania · 1912

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