Wolverton v. Commonwealth ex rel. Hart & Co.
Supreme Court of Pennsylvania
In Error. ERROR to the Court of Common Pleas of Erie County. This was a scire facias on a recognisance, in the sum of5000 dollars, entered into on the 16th of October, 1816, by the plaintiffs in error, defendants below, Stephen Wolverton, Rufus S. . 1 J Reed, and Benjamin Wallace, to the Commonwealth oí Pennsylvania, conditioned that Wolverton would perform the office of Sheriff, for the county of Erie, for the next three years.
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In Error. ERROR to the Court of Common Pleas of Erie County. This was a scire facias on a recognisance, in the sum of5000 dollars, entered into on the 16th of October, 1816, by the plaintiffs in error, defendants below, Stephen Wolverton, Rufus S. . 1 J Reed, and Benjamin Wallace, to the Commonwealth oí Pennsylvania, conditioned that Wolverton would perform the office of Sheriff, for the county of Erie, for the next three years. The scire facias was for the use of Eli Hart and John Lay, trading under the firm of Hart Co., and was returnable to December Term, 1817. It alleged generally a…
1Opinion of the Court
Gibson J.
delivered the opinion of the Court on all the points but one. Tilgiiman, C. J. having been absent at the argument, and. a difference of opinion having arisen between between Gibson J. and Duncan J., on that point, it, was re-argued at this term, before all the Judges.
Gibson J.
The objection that judgment for the Commonwealth ought to .have been entered up for the penalty,' to remain cautionary for the use of any one that might have cause of action for the official misconduct of the Sheriff, has not been sustained. The Act of the 28th of March, 1803, s. 4. authorises the Commonwealth,…
2Cases cited1 opinion
- Baring v. ShippenSupreme Court of Pennsylvania · 1809
3Cited by6 opinions
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- Innis v. CampbellSupreme Court of Pennsylvania · 1829
- Farmers' Bank v. BoyerSupreme Court of Pennsylvania · 1827
- Perkins v. GilesSupreme Court of Virginia · 1838
- Johnston v. BrackbillSupreme Court of Pennsylvania · 1830
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