Spangler v. Commonwealth ex rel. Martin
Supreme Court of Pennsylvania
in error. Error to the Court of Common Pleas of York county. This was a scire facias upon the recognizance entered into by Zachariah Spangler, the sheriff of York county, and his sureties, and the breach was assigned in these words:— “ Yet the said Zachariah Spangler, contrary to his duty as sheriff aforesaid, did then and there neglect, omit, and refuse to execute the said fieri facias, there being then and there and before the return of the said writ within the said…
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in error. Error to the Court of Common Pleas of York county. This was a scire facias upon the recognizance entered into by Zachariah Spangler, the sheriff of York county, and his sureties, and the breach was assigned in these words:— “ Yet the said Zachariah Spangler, contrary to his duty as sheriff aforesaid, did then and there neglect, omit, and refuse to execute the said fieri facias, there being then and there and before the return of the said writ within the said county, goods and chattels of the said Joseph Snodgrass, on which the said fieri facias might have been, and ought to have…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
In a scire facias on a recognizance given by the sheriff and his securities, the breach assigned was for a false return of nulla bona, on a fieri facias against one Joseph Snodgrass. *70The case stated in the nature of special verdict I refer to. This special finding opens a wide field of investigation on the duties of sheriffs.
The general question referred to the court is, whether or not the plaintiffs were entitled to recover. This special case is very incorrect and imperfect; for whether the goods were the goods of Snodgrass, the defendant in…
2Cases cited4 opinions
- Van Cleef v. FleetNew York Supreme Court · 1818
- Weaver v. LawrenceSupreme Court of the United States · 1785
- Bayley v. BatesNew York Supreme Court · 1811
- Insurance Co. of Pennsylvania v. KetlandSupreme Court of Pennsylvania · 1809
3Cited by3 opinions
- Grace v. MitchellWisconsin Supreme Court · 1872
- Hall v. GalbraithSupreme Court of Pennsylvania · 1839
- Miller v. CommonwealthSupreme Court of Pennsylvania · 1847