Commonwealth v. Abrams

Opinion by

Gawthrop, J.,

This action was in assumpsit against a constable and his surety to recover the amount of rent alleged to have been lost through the negligence of the consta ble in serving a landlord’s warrant. Plaintiff got a verdict in the court below and, from the judgment entered thereon, defendants took an appeal to this court. See Com. et al. v. Abrams, 94 Pa. Superior Ct. 556. We there decided, in an opinion by the late Judge Henderson, that as the basis of the action was the official bond of the constable.it was necessary to establish that liability had arisen because of…