Legal Opinion

McMicken v. Commonwealth

Supreme Court of Pennsylvania

Decided April 2, 1868PublishedCited by 17 opinions

Error to the Court of Common Pleas of Lycoming county: To January Term 1868. No. 362. This was a scire facias on a sheriff’s recognisance, issued February 26th 1866, by the Commonwealth of Pennsylvania, for the use of William Rawle and George Cadwalader, who survived Benjamin Chew, against John B. McMicken, Y. S. Doebler and others.

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Error to the Court of Common Pleas of Lycoming county: To January Term 1868. No. 362. This was a scire facias on a sheriff’s recognisance, issued February 26th 1866, by the Commonwealth of Pennsylvania, for the use of William Rawle and George Cadwalader, who survived Benjamin Chew, against John B. McMicken, Y. S. Doebler and others. The writ recited that John B. McMicken, V. S. Doebler and others (naming them), on the 18th of November 1862, came before Theodore Hill, recorder of deeds of Lycoming county, and acknowledged to owe the Commonwealth “$10,000,” to be levied- and made of their…

1Opinion of the Court

The opinion of the Court was delivered, April 2d 1868, by

Sharswood, J.

The Act of March 28th 1803, 4 Sm. L. 45, entitled “ An Act directing sheriffs and coroners to give sufficient sureties for the faithful execution of their official duties and for other purposes,” after directing that the sheriffs and coroners of the several counties shall give recognisances and bonds in the form prescribed in the act, provides, sect. 4, that actions of debt or of scire facias may be instituted by the individuals aggrieved upon such recognisance, “ and if upon such suit it shall be proved what damage hath…

2Cases cited17 opinions

  1. Lessee of Cluggage v. SwainSupreme Court of Pennsylvania · 1811
  2. In re BrownNew York Supreme Court · 1839
  3. M'Caraher v. CommonwealthSupreme Court of Pennsylvania · 1842
  4. Commonwealth v. ReitzelSupreme Court of Pennsylvania · 1845
  5. GEYER'S v. IrwinSupreme Court of the United States · 1790

12 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. McIntyre Square Associates v. EvansSuperior Court of Pennsylvania · 2003
  2. Commonwealth ex rel. John T. Baldwin & Co. v. YeisleySuperior Court of Pennsylvania · 1898
  3. Crawford v. DunbarCalifornia Supreme Court · 1877
  4. Commonwealth v. TurnerSupreme Court of Pennsylvania · 1940
  5. Saint Paul Mercury Indemnity Co.'s AppealSupreme Court of Pennsylvania · 1937

12 more not listed; retrieve them via the Exa API.

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