County of Juniata v. McDonald
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF JUNIATA COUNTY. No. 122 January Term 1888, Sup. Ct.; court below, No. 4 April Term 1887, C. P. On February 10, 1887, an action of assumpsit was brought by J. Miller McDonald against the county of Juniata, to recover a reward offered for the capture of an escaped prisoner. The defendant pleaded, non assumpsit and payment with leave, etc.
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ERROR TO THE COURT OF COMMON PLEAS OF JUNIATA COUNTY. No. 122 January Term 1888, Sup. Ct.; court below, No. 4 April Term 1887, C. P. On February 10, 1887, an action of assumpsit was brought by J. Miller McDonald against the county of Juniata, to recover a reward offered for the capture of an escaped prisoner. The defendant pleaded, non assumpsit and payment with leave, etc. At the trial on September 10, 1887, it was made to appear, in substance, that on May 1, 1886, W. Josiah McMeen was convicted of murder in the first degree in the Court of Oyer and Terminer of Juniata county and was…
1Opinion of the Court
Opinion,
Mr. Chief Justi.ce Gordou:
This case was tried upon an entirely false theory. It seems to have been taken for granted, both by court and counsel, that if in fact McDonald, the plaintiff, gave to the sheriff such definite information as to enable him to discover the escaped criminal, he, the plaintiff, was entitled to the inward offered by the county commissioners. A reading, however, of the offer made by those commissioners ought to have corrected the mistake, and led to a proper trial and judgment. “ The commissioners of Juniata county will pay, for the capture and delivery of the…
2Cited by3 opinions
- McClaughry v. KingCourt of Appeals for the Eighth Circuit · 1906
- Lovejoy v. Atchison, Topeka & Santa Fe RailroadMissouri Court of Appeals · 1893
- McClaughrey v. KingU.S. Circuit Court for the District of Western Arkansas · 1905