McKeehan v. Commonwealth
Supreme Court of Pennsylvania
Error, to Common Pleas of Cumberland county. June 9. This was.a case stated for the opinion of the court below, on the following facts agreed upon by the parties: George Fleming was duly appointed and commissioned by the governor of Pennsylvania, to the office of prothonotary of Cumberland county, on the 23d December, 1835 ; and on the 28th of the same month, he, with John McKeehan and Ephraim Bosserman as his Securities, executed a bond to the Commonwealth, in the penalty…
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Error, to Common Pleas of Cumberland county. June 9. This was.a case stated for the opinion of the court below, on the following facts agreed upon by the parties: George Fleming was duly appointed and commissioned by the governor of Pennsylvania, to the office of prothonotary of Cumberland county, on the 23d December, 1835 ; and on the 28th of the same month, he, with John McKeehan and Ephraim Bosserman as his Securities, executed a bond to the Commonwealth, in the penalty of $9500, conditioned for the faithful performance of the duties of said office, &c.; which said bond was considered a…
1Opinion of the CourtSergeant, J.
In The Commonwealth v. Baldwin, 1 Watts, 54, the point was fully investigated, and it was there held to be a settled principle, that the statutes of limitation do not extend to the Commonwealth, whether it be in the case of a personal action against a surety on an official bond, or entries on land, or like cases, unless the Commonwealth is expressly named, and her rights thereby waived; and it was decided that judgment 'in the name of the treasurer, for use of the. Commonwealth, is substantially a judgment for the Commonwealth, so as to exempt it from’ the operation of a statute limiting the…
2Cases cited2 opinions
- Commonwealth v. BaldwinSupreme Court of Pennsylvania · 1832
- Ramsey's AppealSupreme Court of Pennsylvania · 1835
3Cited by6 opinions
- Commonwealth, Department of Transportation v. J. W. Bishop & Co.Supreme Court of Pennsylvania · 1981
- Pennsylvania Turnpike Commission v. Atlantic Richfield Co.Commonwealth Court of Pennsylvania · 1977
- Com., for Use v. PerrySupreme Court of Pennsylvania · 1938
- Commonwealth ex rel. Orris v. RobertsSupreme Court of Pennsylvania · 1958
- Commonwealth v. West Penn Power Co., Pennsylvania Court of Common Pleas, Dauphin County1943
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