Commonwealth ex rel. Dauphin County v. Hoffman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Dauphin county. This was a scire facias, at the suit of the Commonwealth, for the use of Dauphin county, against Jacob D. Hoffman, on his recognisance as sheriff of that county.
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Error to the Court of Common Pleas of Dauphin county. This was a scire facias, at the suit of the Commonwealth, for the use of Dauphin county, against Jacob D. Hoffman, on his recognisance as sheriff of that county. The writ was issued November 15th 1870. The recognisance was acknowledged November 28th 1866, and was in the penalty of $15,000, with the usual condition that the sheriff execute all process, and pay to parties and suitors interested in such process all moneys belonging to them which shall come into his hands, and “faithfully execute and perform all and singular the trusts and…
1Opinion of the Court
The opinion of the court was delivered, July 2d 1873, by
Sharswood, J. —
The court below committed no error in striking off the judgment entered for want of an affidavit of defence. The recognisance sued upon was certainly not one of those specified in the rules of court, nor was it a record for the payment of money, but for the performance of collateral conditions. Harres v. The Commonwealth, 11 Casey 416, does not support the contention of the plaintiffs in error, that a recognisance of this character is within the meaning of such a rule. That-was an action in the Quarter Sessions upon a…
2Cases cited2 opinions
- Clay v. IrvineSupreme Court of Pennsylvania · 1842
- Hoffer v. WightmanSupreme Court of Pennsylvania · 1836
3Cited by14 opinions
- Roberts v. GibsonSuperior Court of Pennsylvania · 1969
- Allen v. KripsSupreme Court of Pennsylvania · 1888
- Commonwealth v. TurnerSupreme Court of Pennsylvania · 1940
- Redington Hotel v. GuffeySuperior Court of Pennsylvania · 1942
- Rosser v. CusaniSuperior Court of Pennsylvania · 1929
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