Commonwealth v. Clipsham
Superior Court of Pennsylvania
Appeal, No. 44, Oct. T., 1900, by plaintiffs, from order of O. P. No. 4., Pbila. Co., Dec. T.? 1899, No. 410, sustaining demurrer to statement in case of Commonwealth to use of George P. Barnes et al., trustees of Matilda C. Barnes, deceased, v. John C. Clipsham and Henry Brooks. Assumpsit on a constable’s bond. Demurrer to statement.
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Appeal, No. 44, Oct. T., 1900, by plaintiffs, from order of O. P. No. 4., Pbila. Co., Dec. T.? 1899, No. 410, sustaining demurrer to statement in case of Commonwealth to use of George P. Barnes et al., trustees of Matilda C. Barnes, deceased, v. John C. Clipsham and Henry Brooks. Assumpsit on a constable’s bond. Demurrer to statement. From the record it appeared that the suit was brought on the bond given by John C. Clipsham (a constable) and Henry Brooks, his surety, the conditions of which, inter aha, were that the said Clipsham should “ pay to parties interested, all money to them…
1Opinion of the Court
Opinion by
Orlady, J.,
John C. Clipsham was duly elected and qualified as a constable of the thirty-fourth ward of the city of Philadelphia for a term of five years beginning the first Monday of April, 1895. His bond, with the defendants as sureties, for the sum of fl,000, was acknowledged and approved by the court on justification of the sureties. On September 25, 1899, while acting in his office as constable, Jno. C. Clipsham, collected and received for the use plaintiffs by, virtue of a landlord’s distx-ess warrant, the suxxx of $235, which sum he did not account for, and soon thereafter…
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