Legal Opinion

Commonwealth v. Brice

Supreme Court of Pennsylvania

Decided July 1, 1853PublishedCited by 13 opinions

Error to the Common Pleas of Washington county. This was a case stated in which The Commonwealth of Pennsylvania for use of John Birch and others, commissioners of Washington county, were-plaintiffs, and James Brice and others, sureties of A. G. Marshman, late sheriff of Washington county, were defendants. The following case was agreed upon.

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Error to the Common Pleas of Washington county. This was a case stated in which The Commonwealth of Pennsylvania for use of John Birch and others, commissioners of Washington county, were-plaintiffs, and James Brice and others, sureties of A. G. Marshman, late sheriff of Washington county, were defendants. The following case was agreed upon. A. G. Marshman was elected sheriff of Washington county in October, 1846, and gave bond in the usual form, dated 19th of October, 1846, with the defendants as his sureties. The books of the county auditors show, that at the annual settlement made on the…

1Opinion of the Court

The opinion of the Court was delivered by

Lowrie, J.

This suit is for the use of the county of Washington, against the sureties of a late sheriff, for fines and jury fees, collected by him. The defence is, that the county auditors had duly settled the sheriff’s account, and found the balance due by him, and that, after that, for claims of the sheriff against the county, the county commissioners had given him checks to an amount exceeding the balance claimed in this suit, and that the same were improperly paid at the treasury, without deducting the amount of his indebtedness.

The Court below held…

2Cases cited3 opinions

  1. United States v. KirkpatrickSupreme Court of the United States · 1824
  2. DOX v. the Postmaster-GeneralSupreme Court of the United States · 1828
  3. Commonwealth v. WolbertSupreme Court of Pennsylvania · 1814

3Cited by13 opinions

  1. Hartness v. Allegheny CountySupreme Court of Pennsylvania · 1944
  2. Garr v. FulsSupreme Court of Pennsylvania · 1926
  3. Bucher v. Northumberland CountySupreme Court of Pennsylvania · 1904
  4. Cousins v. County of ButlerSuperior Court of Pennsylvania · 1919
  5. Rosenblit v. PhiladelphiaSuperior Court of Pennsylvania · 1905

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