County of Lancaster v. Mishler
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county: Of January Term 1882, No. 139. Assumpsit, by Isaac Mishler, coroner, against the county of Lancaster, to recover his foes as coroner and costs incurred on an inquest held by him in his official capacity upon the body of one John Philip Hahn. Plea, non assumpsit.
Read the full summary
Error to the Court of Common Pleas of Lancaster county: Of January Term 1882, No. 139. Assumpsit, by Isaac Mishler, coroner, against the county of Lancaster, to recover his foes as coroner and costs incurred on an inquest held by him in his official capacity upon the body of one John Philip Hahn. Plea, non assumpsit. On the trial, before Patterson, J., plaintiff offered in evidence his inquisition upon the body of the said Hahn, signed by the coroner’s physician, and sealed by the coroner and his jury of six. Objected to, on the ground that it did not appear that the paper had ever been…
1Opinion of the CourtJustice Merque
This is a suit by the coroner against the county, for his fees and costs in holding an inquest on the body of one John Philip Ilahn.
In holding an inquest, the coroner acts in a judicial capacity. If he has jurisdiction in the particular case, and makes a sufficient record of the inquest, the regularity of the finding cannot be impeached in a collateral proceeding. We see no such defect in this record, nor in the manner in which it was kept as to prevent its being admitted in evidence.
It is the duty of a coroner to hold an inquest super visum corporis, where he has cause to suspect the…
2Cited by15 opinions
- Coty v. BaughmanSouth Dakota Supreme Court · 1926
- Kingsley v. ForsythSupreme Court of Minnesota · 1934
- Marvin, Coroner v. Monroe CountySuperior Court of Pennsylvania · 1943
- Miller v. Cambria CountySuperior Court of Pennsylvania · 1905
- Hirko v. ReeseSupreme Court of Pennsylvania · 1944
10 more not listed; retrieve them via the Exa API.