Clarke v. County of Potter
Supreme Court of Pennsylvania
In Error. Error to the Common Pleas of Potter county. This was an action of debt brought by the county of Potter, the defendant in error and plaintiff below, against Fayette B. Hamlin, Randal Wilmot, Nelson Clarke, and Burrell Lyman, on the official bond of Fayette B. Hamlin, treasurer of Potter county, in which the other defendants were sureties.
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In Error. Error to the Common Pleas of Potter county. This was an action of debt brought by the county of Potter, the defendant in error and plaintiff below, against Fayette B. Hamlin, Randal Wilmot, Nelson Clarke, and Burrell Lyman, on the official bond of Fayette B. Hamlin, treasurer of Potter county, in which the other defendants were sureties. The summons was returned served, as to Nelson Clarke and_ Burrell Lyman ; and non est inventus, as to Fayette B. Hamlin and Randal Wilmot. It appeared from the record returned, that Fayette B. Hamlin had been the treasurer of Potter county for the…
1Opinion of the Court
The opinion-of the court was delivered by
Gibson, C. J.
The validity of the treasurer’s bond depends on the fact of his appointment, and not on the filing of the certificate, which is no more than evidence of it. It is enough to fix the responsibility of his sureties, that he actually entered on the execution of the office. Neither is it material that the bond was given to “the commissioners of the county,” instead of the county by its corporate name. Though a cor*163poration can act only by its corporate name, which is the knot of its political existence, a variance from it is not necessarily…
2Cited by4 opinions
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- Lehigh County v. GosslerSuperior Court of Pennsylvania · 1904
- Commonwealth v. SingerSuperior Court of Pennsylvania · 1906
- Monroe County v. EilenbergerSupreme Court of Pennsylvania · 1907