Legal Opinion

Commonwealth ex rel. Stub v. Stub

Supreme Court of Pennsylvania

Decided May 15, 1849PublishedCited by 4 opinions

Error to the Common Pleas of Berks county. June 18. This was an action of debt on a bond, in which the Commonwealth, to the use of Peter Stub, Jacob Stub, and Sarah Anspach, was plaintiff, and William Stub, George Eorrer, and Henry Deck were defendants.

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Error to the Common Pleas of Berks county. June 18. This was an action of debt on a bond, in which the Commonwealth, to the use of Peter Stub, Jacob Stub, and Sarah Anspach, was plaintiff, and William Stub, George Eorrer, and Henry Deck were defendants. It was brought to recover the shares of Peter and Jacob Stub, and of Sarah Anspach, in the balance of the personal property of their father, Adam Stub, deceased, remaining in the hands of William Stub, one of the executors of the will of the said Adam. On the trial, the plaintiff gave in evidence the following bon'd, executed by the defendants…

1Opinion of the Court

The opinion of this court was delivered by

Rogers, J.

The liability of a surety in an official bond being contingent, suit cannot be brought against a surety by a party in interest, without proceeding in the first place against the administrator or executor, and fixing him personally for the debt. This was first ruled in The Commonwealth v. Evans, 1 W. 437, in the case of a creditor; next, The Commonwealth v. Wenrich, 8 W. 160, a legatee; afterwards extended in Myers v. Fritz, 4 Barr, 346, to a distributee. The two first are conceded to be ruled correctly, but doubts are expressed as to the…

2Cases cited1 opinion

  1. Commonwealth v. EvansSupreme Court of Pennsylvania · 1833

3Cited by4 opinions

  1. Hibberd v. BaileyCourt of Appeals for the Third Circuit · 1904
  2. In re WisemanDistrict Court, E.D. Pennsylvania · 1903
  3. Commonwealth ex rel. Sims v. Aetna Casualty & Surety Co., Pennsylvania Court of Common Pleas, Cumberland County1961
  4. Commonwealth v. KeanSuperior Court of Pennsylvania · 1902

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