Snapp v. Commonwealth
Supreme Court of Pennsylvania
Error to the Common Pleas of Union county. On a sci. fa. on a constable’s bond, against Snapp and others, the plaintiff proved a transcript of a judgment on which an execution was issued and placed in the hands of the defendant, Snapp; that he collected the money and had never made a return. The record does not state by whom it was delivered, nor indeed any thing further than appears above.
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Error to the Common Pleas of Union county. On a sci. fa. on a constable’s bond, against Snapp and others, the plaintiff proved a transcript of a judgment on which an execution was issued and placed in the hands of the defendant, Snapp; that he collected the money and had never made a return. The record does not state by whom it was delivered, nor indeed any thing further than appears above. Defendant offered a transcript of that judgment, on which it appeared that the execution had been delivered to one Crabb, constable; also a transcript of a judgment against Crabb, delivered to the…
1Opinion of the Court
Burnside, J.,
after stating the case. — The plaintiff below relied on the case of Musser et al. v. Strickland, where it was held that a judgment against a constable, for official misconduct, is conclusive against his surety, as to his misconduct, and the extent of damage sustained by the plaintiff; 17 Serg. & Rawle, 378; and in Evans v. The Commonwealth, 8 Watts, 398, where it was also held that in an action against the sureties of a constable, upon his official bond, to recover *50the amount of a judgment for which the constable became liable, the judgment previously obtained against the…
2Cases cited3 opinions
- Evans v. CommonwealthSupreme Court of Pennsylvania · 1839
- Roth v. MillerSupreme Court of Pennsylvania · 1827
- Denison v. CornwellSupreme Court of Pennsylvania · 1828
3Cited by1 opinion
- Farley v. NewtonSuperior Court of Pennsylvania · 1896