Commonwealth ex rel. John T. Baldwin & Co. v. Yeisley
Superior Court of Pennsylvania
Appeal, No. 156, Nov. T., 1896, by defendants, from judgment of C. P. Lancaster Co., Feb. T., 1896, Nc. 47, for want of a sufficient affidavit of defense. Assumpsit on constable’s bond. Before Brubaker, J. It appears from the record that this suit was brought on bond of Yeisley, one of the defendants, to recover for losses incident to his failure to execute a writ.
Read the full summary
Appeal, No. 156, Nov. T., 1896, by defendants, from judgment of C. P. Lancaster Co., Feb. T., 1896, Nc. 47, for want of a sufficient affidavit of defense. Assumpsit on constable’s bond. Before Brubaker, J. It appears from the record that this suit was brought on bond of Yeisley, one of the defendants, to recover for losses incident to his failure to execute a writ. The record does not show that notice was given and demand made by plaintiffs in this case on the constable before suit was brought. Plaintiffs moved for judgment for want of a sufficient affidavit of defense which was refused. The…
1Opinion of the Court
Opinion by
Rice, P. J.,
This was an action of assumpsit upon a constable’s official bond. The breach alleged was that an execution having heen placed in his hands by virtue of which he had made a levy upon goods of the debtor which would have sold for more than enough to satisfy the execution: he neglected and refused to sell them but falsely made return “no goods found subject to levy and sale.” The action was in substance, as well as in form, ex contractu, and by the express terms of the act of 1887 the plaintiff’s statement in such a case “ shall be replied to by affidavit.” There is nothing…
2Cases cited11 opinions
- Byrne v. HaydenSupreme Court of Pennsylvania · 1889
- Osborn v. First National BankSupreme Court of Pennsylvania · 1893
- McMicken v. CommonwealthSupreme Court of Pennsylvania · 1868
- Barr & Daugherty v. BoylesSupreme Court of Pennsylvania · 1880
- Carman v. NobleSupreme Court of Pennsylvania · 1848
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Gaspero v. GentileSuperior Court of Pennsylvania · 1946
- Commonwealth ex rel. Ross Township v. GruverSuperior Court of Pennsylvania · 1900
- Clements v. DempseySuperior Court of Pennsylvania · 1898
- Commonwealth v. MilnorSuperior Court of Pennsylvania · 1903
- Com. Ex Rel., to Use v. DelucaSuperior Court of Pennsylvania · 1938
14 more not listed; retrieve them via the Exa API.