Dunn v. Commonwealth
Supreme Court of Pennsylvania
IN ERROR. On the return of a writ of error to the Court of Common Pleas of Mercer county, ten errors were assigned in the record, arising upon bills of exceptions, taken by the plaintiffs in error, the defendants below, to the opinion of the court, upon points of evidence, and in their charge to the jury. Only two of these exceptions being noticed in the opinion of.this court, it will be sufficient to state only the facts-connected with them.
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IN ERROR. On the return of a writ of error to the Court of Common Pleas of Mercer county, ten errors were assigned in the record, arising upon bills of exceptions, taken by the plaintiffs in error, the defendants below, to the opinion of the court, upon points of evidence, and in their charge to the jury. Only two of these exceptions being noticed in the opinion of.this court, it will be sufficient to state only the facts-connected with them. In the court belpw, this was an action of debt, .brought in the name’ of the Commonwealth of Pennsylvania against Mian Dunn, sheriff of Mercer county,…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
The principle in the foregoing case decides the question in this cause. This was an ac\ion on the official bond of Allan Dunn, the plaintiff in error, and his sureties, taken under the act of 1802; which gives the same remedy by action, in the name of the ( ommonweaiih, for the use of each party aggrieved. In Wolverton et al. v. The Commonwealth, for the use of Hart et al., 7 Serg. & Rawle, 275, it was decided, that this provision excludes all idea of there being but one judgment for the use of all concerned, as the foundation of a separate…
2Cases cited1 opinion
- Campbell v. Commonwealth ex rel. FrickSupreme Court of Pennsylvania · 1822