Farley v. Newton
Superior Court of Pennsylvania
Appeal, No. 18, Jan. T., 1896, by plaintiff, from judgment of C. P. Luzerne Co., March T., 1893, No. 299, confirming report of referee and dismissing exceptions thereto. It appears that plaintiff sought to recover damages from Newton, a constable, for making an, insufficient return of an execution placed in his' hands to collect. Said execution being for the sum of $43.86, with interest and costs. The case was referred to Jos. D. Coons, the referee, who found for defendant.
Read the full summary
Appeal, No. 18, Jan. T., 1896, by plaintiff, from judgment of C. P. Luzerne Co., March T., 1893, No. 299, confirming report of referee and dismissing exceptions thereto. It appears that plaintiff sought to recover damages from Newton, a constable, for making an, insufficient return of an execution placed in his' hands to collect. Said execution being for the sum of $43.86, with interest and costs. The case was referred to Jos. D. Coons, the referee, who found for defendant. The facts are fully set out in the opinion of the Superior Court. Errors assigned, were, inter alia, to the referee’s…
1Opinion of the Court
Opinion by
Smith, J.,
Porter Farley having obtained a judgment against Kern & Miles, before J. N. Davison, an alderman of the city of Wilkes-Barre, the magistrate issued an execution thereon, which he directed and delivered to D. J. Gallagher, a constable. Gallagher gave the writ to John Newton, another constable, first erasing therefrom his own name, and substituting that of Newton, as the officer to whom the writ was directed; and the alderman subsequently substituted the name of Newton for that of Gallagher on his docket. Newton, after an unsuccessful attempt to execute the writ, made return…
2Cases cited2 opinions
- Gordon v. CampSupreme Court of Pennsylvania · 1846
- Snapp v. CommonwealthSupreme Court of Pennsylvania · 1845