Blue v. Commonwealth
Supreme Court of Pennsylvania
ERROR to the common pleas of Schuylkill county. On the 19th of March 1831, George Reber, Esq., a justice of the peace for the county of Schuylkill, rendered judgment in an action of debt, wherein Michael Quinn was plaintiff, and Rudolph Miller defendant; for the sum of 62 dollars 17 cents in favour of plaintiff.
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ERROR to the common pleas of Schuylkill county. On the 19th of March 1831, George Reber, Esq., a justice of the peace for the county of Schuylkill, rendered judgment in an action of debt, wherein Michael Quinn was plaintiff, and Rudolph Miller defendant; for the sum of 62 dollars 17 cents in favour of plaintiff. Upon this judgment an execution was issued on the 19th of March 1831, and delivered to William Hacket, constable, by virtue of which the said constable arrested the defendant, and from whose custody the said defendant afterwards escaped. This action was brought t'o recover the amount…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
—In the cases of Palmer v. The Commonwealth, 6 Serg. & Rawle 245, and Campbell v. The Commonwealth, 8 Serg. & Rawle 414, will be found a view of the law on the subject of suits on the official bonds of constables under the provisions of the act of the 20th of March 1810. It was there held, that the court of common pleas had jurisdiction of such suits, though the plaintiff’s demand was under 100 dollars; and it was said that a justice of the peace had concurrent jurisdiction in, like cases. This construction was made under the 29th sect, of…
2Cases cited3 opinions
- Campbell v. Commonwealth ex rel. FrickSupreme Court of Pennsylvania · 1822
- Commonwealth ex rel. Potter v. ReynoldsSupreme Court of Pennsylvania · 1828
- Palmer v. CommonwealthSupreme Court of Pennsylvania · 1820
3Cited by3 opinions
- Seitzinger v. SteinbergerSupreme Court of Pennsylvania · 1849
- Com. Ex Rel., to Use v. DelucaSuperior Court of Pennsylvania · 1938
- Commonwealth v. DeLucaSuperior Court of Pennsylvania · 1938