Palmer v. Commonwealth
Supreme Court of Pennsylvania
In Error. IN the Court of Common Pleas of Franklin county, an action of debt was brought in the name of the Commonwealth for the use of Abraham Buckholder, on a bond in the penalty of one thousand dollars, executed by Henry Palmer, constable of Franklin township, and George Barnits, his surety, for the faithful performance of Palmer’s duty as a constable. The plaim iff obtained a verdict for eighty-nine dollars, seventy-five cents.
Read the full summary
In Error. IN the Court of Common Pleas of Franklin county, an action of debt was brought in the name of the Commonwealth for the use of Abraham Buckholder, on a bond in the penalty of one thousand dollars, executed by Henry Palmer, constable of Franklin township, and George Barnits, his surety, for the faithful performance of Palmer’s duty as a constable. The plaim iff obtained a verdict for eighty-nine dollars, seventy-five cents. A motion in arrest of judgment was made by the defendants’ counsel in the lower Court, on the ground that the cause of action was not cognisable by the Court of…
1Opinion of the Court
The Courts’ opinion was delivered by
Duncan. J.
The Courts of Common Pleas have a general jurisdiction in all civil .cases to any amount. To deprive them of jurisdiction,- it must be divested by manifest declarations, and the jurisdiction vested in some other tribunal. It is a rule in pleading in abatement to a Court of general jurisdiction, to set forth exclusive jurisdiction in some peculiar Court. I know not any action for debt or demand in which the jurisdiction is taken away.
It is contended that the sureties in a bond given by a constable for the execution of his office, are only sueable…
2Cited by2 opinions
- Blue v. CommonwealthSupreme Court of Pennsylvania · 1835
- Evans v. FreySupreme Court of Pennsylvania · 1834