Brunott v. M'Kee
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. The Commonwealth for the use of Grace M’Kee against David E. Mitchell, Hillary Brunott and D. P. Ingersoll. This was an action of debt upon the official bond of Mitchell, who was constable of the fifth ward of the city of Pittsburgh; the other two defendants were his sureties.
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ERROR to the District Court of Allegheny county. The Commonwealth for the use of Grace M’Kee against David E. Mitchell, Hillary Brunott and D. P. Ingersoll. This was an action of debt upon the official bond of Mitchell, who was constable of the fifth ward of the city of Pittsburgh; the other two defendants were his sureties. Grace M’Kee brought an action of trespass against David E. Mitchell for levying and selling her property upon an execution against another person, and recovered a judgment against him for $68. This suit was brought to recover the amount of that judgment, and the sureties…
1Per curiam
Though the Act of 1834 speaks of constables as township officers, they are not strictly so; nor does the section which requires them to file a copy of their oath of office with the town clerk, where there is one, seem applicable to them. They are nominated by the township, it is true; but they are also appointed by the court, which is not the case with any other township officer: and their duties are also of a mixed character, a part of them pertaining to the township and a part to the county. They have from time immemorial been sworn into office by the court, and there has not perhaps been a…
2Cases cited2 opinions
- Carmack v. Commonwealth ex rel. BoggsSupreme Court of Pennsylvania · 1812
- Kingsbury v. LedyardSupreme Court of Pennsylvania · 1841
3Cited by9 opinions
- Lammon v. FeusierSupreme Court of the United States · 1884
- McElhaney v. GillelandSupreme Court of Alabama · 1857
- Smith v. JohnsonSupreme Court of Iowa · 1876
- Horan v. PeopleAppellate Court of Illinois · 1881
- Gregg Township v. JamisonSupreme Court of Pennsylvania · 1867
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