Ditmars v. Commonwealth ex rel. Scott
Supreme Court of Pennsylvania
Error to the Common Pleas of Warren county. This was an action of debt in the name of the Commonwealth, at the suggestion of W. B. Scott, against John Ditmars and Orris Hall, on the official bond given, by.Ditmars as justice of the peace.
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Error to the Common Pleas of Warren county. This was an action of debt in the name of the Commonwealth, at the suggestion of W. B. Scott, against John Ditmars and Orris Hall, on the official bond given, by.Ditmars as justice of the peace. The facts of the case were these:— In the spring of 1856, John Ditmars was elected a justice of the peace for the borough of Warren, in Warren county, and on the 16th of April of the same year, he, with Orris Hall as his surety, gave a bond to the Commonwealth in the sum of $1000, for the proper application of moneys that might come unto his hands as an…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
The learned judge below did no more than express the opinion of the court on the evidence, that Ditmars had collected the money sued for in his official capacity; and, after recapitulating the testimony applicable to that point, the sole question in the case, referred it to the jury by saying: “ if you are satisfied of this fact, then -it follows, that the bail is liable, although no suit was brought on the note.” It is not error upon the part of the court to express an opinion merely upon the facts of the case, if they áre properly…
2Cited by9 opinions
- Commonwealth v. RobzinSuperior Court of Pennsylvania · 1922
- Fitzpatrick v. Union Traction Co.Supreme Court of Pennsylvania · 1903
- Blumenthal v. GreenSuperior Court of Pennsylvania · 1913
- Commonwealth v. JonesSuperior Court of Pennsylvania · 1926
- Stewart v. Pen Argyl National BankSupreme Court of Pennsylvania · 1932
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