Commonwealth v. Laub
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Adams county. The Commonwealth against William Laub, James Bell, Jr., David M’Creary, John L. Fuller, John Gilbert, John B. M’Pherson, and Daniel M. Smyser. The declaration was in common form in debt upon the bond hereafter mentioned, dated the 9th day of January 1834; defendants pleaded nil debent, payment, and non est factum, on which issues were joined.
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ERROR to the Common Pleas of Adams county. The Commonwealth against William Laub, James Bell, Jr., David M’Creary, John L. Fuller, John Gilbert, John B. M’Pherson, and Daniel M. Smyser. The declaration was in common form in debt upon the bond hereafter mentioned, dated the 9th day of January 1834; defendants pleaded nil debent, payment, and non est factum, on which issues were joined. The plaintiff gave in evidence the appointment of William Laub, as treasurer of Adams county, and his bonds to the county, &c., 9th of January 1834. The breaches assigned in the declaration were, the non-payment…
1Opinion of the Court
The opinion of the Court w'as delivered by
Gibson, C. J.
The principal objections to the competency of the bond were, that it was approved by persons styling themselves judges of the Common Pleas, and not of the Quarter Sessions; and that it does not appear to have been taken by the recorder of deeds. It has indeed been argued that the condition of it is not exactly what the law requires, inasmuch as the accountability of the officer is limited by it to moneys receivable by him before a particular day; but a variance between a statutory bond and the requisitions of the law is fatal to it only…
2Cases cited2 opinions
- Case of Spring Garden StreetSupreme Court of Pennsylvania · 1833
- Kean v. FranklinSupreme Court of Pennsylvania · 1819
3Cited by4 opinions
- Haines v. LevinSupreme Court of Pennsylvania · 1866
- Commonwealth v. Wistar, Pennsylvania Court of Common Pleas, Philadelphia County1891
- Commonwealth v. SingerSuperior Court of Pennsylvania · 1906
- Young v. Machamer, Pennsylvania Court of Common Pleas, Dauphin County1867