Bachman v. Fenstermacher
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northampton county: Of January Term, 1885, No. 308. Appeal by John A. Fenstermacher, the defendant, from the' judgment of a justice of the peace at the. suit of Reuben K. Bachman and George W. Bachman, formerly trading as P. S.; Bachman & Co., to recover damages from the defendant; under, the Act of March 20th, 1810, for neglecting to return an execution,delivered to him, as constable, on or before the return day.
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Error to the Court of Common Pleas of Northampton county: Of January Term, 1885, No. 308. Appeal by John A. Fenstermacher, the defendant, from the' judgment of a justice of the peace at the. suit of Reuben K. Bachman and George W. Bachman, formerly trading as P. S.; Bachman & Co., to recover damages from the defendant; under, the Act of March 20th, 1810, for neglecting to return an execution,delivered to him, as constable, on or before the return day. The plea on the appeal was nil debet. The facts' of the case as .they appeared on the trial sufficiently appear in the charge of the court,…
1Opinion of the CourtJustice Paxson
This was an action originally before a justice of the peace, and brought into the court below by an appeal, in which the plaintiffs sought to recover from the defendant, who was at one time one of the constables of Northampton county, dam*334-ages for not returning on or before the rettirñ day'atí'exe'óhtion which’ had been placed in his hands.
The action was based on the 12th section of the Act of 20th March, 1810, Purdon, 267, pl. 19; 5 Sm. L., 137, which provides that: “'On the delivery of an execution to any constable an account shall be stated in the docket of the justice, and also on the…
2Cases cited3 opinions
- Beltzhoover v. BlackstockSupreme Court of Pennsylvania · 1834
- Shover v. FunkSupreme Court of Pennsylvania · 1843
- Keller v. ClarkeSupreme Court of Pennsylvania · 1843
3Cited by3 opinions
- Lee v. DolanNorth Dakota Supreme Court · 1916
- Pollock v. IngramSuperior Court of Pennsylvania · 1898
- Bachman v. Messina, Pennsylvania Court of Common Pleas, Mercer County1942