Legal Opinion

Commonwealth v. McCoy

Supreme Court of Pennsylvania

Decided May 15, 1839PublishedCited by 11 opinions

ERROR to the common pleas of Mifflin county. The Commonwealth, for the use of John Hahn, against' Francis McCoy. This was an action of debt upon the official recognizance of sheriff’ Stuart, against the defendant, who was one of his sureties.

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ERROR to the common pleas of Mifflin county. The Commonwealth, for the use of John Hahn, against' Francis McCoy. This was an action of debt upon the official recognizance of sheriff’ Stuart, against the defendant, who was one of his sureties. The plaintiff gave in evidence the record of a suit of Samuel Eisenbise’s administrator against John Hahn, in which a judgment was rendered for the defendant, and a fieri facias against the plaintiff for costs, which went into the hands of sheriff Smart, and was never returned. The costs on the writ were all due to officers of the court: attorney,…

1Opinion of the Court

*154The opinion of the Court was delivered by

Sergeant, J.

By the act of assembly of the 28th of March 1803, the condition of the sheriff’s recognizance is, well and truly to serve all writs and process, and, on request, to pay over moneys coming to his hands, and well and faithfully to perform all the trusts and duties of the office. By the fourth section, authority to institute actions of debt, or of scire facias, is given to the commonwealth or individuals who shall be aggrieved by the misconduct of the sheriff, ■and upon such writs it shall be proved what damage hath been sustained, and a…

2Cases cited1 opinion

  1. Beale v. CommonwealthSupreme Court of Pennsylvania · 1838

3Cited by11 opinions

  1. Taylor v. Johnson ex rel. A. W. & W. P. CarmichaelSupreme Court of Georgia · 1855
  2. Commonwealth v. ContnerSupreme Court of Pennsylvania · 1853
  3. Smith v. Commonwealth ex rel. McGarvySupreme Court of Pennsylvania · 1868
  4. Com. Ex Rel., to Use v. DelucaSuperior Court of Pennsylvania · 1938
  5. Commonwealth v. DeLucaSuperior Court of Pennsylvania · 1938

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