Commonwealth v. Perrego
Superior Court of Pennsylvania
Appeal, No. 74, March T., 1909, by defendants, from order of C. P. Luzerne Co., Oct. T., 1908, No. 1,187, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Commonwealth ex rel. Kingston Township v. James D. Perrego and the American Bonding and Trust Company of Baltimore. Assumpsit on a bond of suretyship. The averments of the statement of claim and affidavit of defense are set forth in the opinion of the Superior Court.
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Appeal, No. 74, March T., 1909, by defendants, from order of C. P. Luzerne Co., Oct. T., 1908, No. 1,187, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Commonwealth ex rel. Kingston Township v. James D. Perrego and the American Bonding and Trust Company of Baltimore. Assumpsit on a bond of suretyship. The averments of the statement of claim and affidavit of defense are set forth in the opinion of the Superior Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Head, J.,
This action is founded on the official bond given by one Perrego to the plaintiff township. Upon this bond the American Bonding Company became surety. The surety alone filed an affidavit of defense. The learned trial court made absolute a rule for judgment for want of a sufficient affidavit, and the surety appeals.
Perrego was duly elected tax collector for Lake township at the spring election of 1900. His term began the first Monday of April that year and continued three years. Under the provisions of the Act of June 25,1885, P. L. 187, as modified by the later Act of June…
2Cases cited5 opinions
- Blauser v. DiehlSupreme Court of Pennsylvania · 1879
- Commonwealth ex rel. Borough of Mechanicsburg v. KnettleSupreme Court of Pennsylvania · 1897
- Commonwealth v. American Bonding & Trust Co.Superior Court of Pennsylvania · 1901
- County of Sullivan v. MiddendorfSuperior Court of Pennsylvania · 1898
- Commonwealth v. American Bonding Co.Superior Court of Pennsylvania · 1904
3Cited by2 opinions
- Commonwealth v. WhiteSuperior Court of Pennsylvania · 1921
- Commonwealth v. Allentown Trust Co., Pennsylvania Court of Common Pleas, Lehigh County1923