Legal Opinion

Commonwealth v. United States Fidelity & Guaranty Co.

Supreme Court of Pennsylvania

Decided March 2, 1908No. Appeals, Nos. 65, 66 and 67PublishedCited by 4 opinions

Appeals, Nos. 65, 66 and 67, Oct. T., 1907, by defendant, from orders of C. P. Clarion Co., Aug/T., 1907, No. 126, 127 and 128, making absolute rule for judgments for want of a sufficient affidavit of defense in case of Commonwealth to use of the county of Clarion, at the suggestion and for the use of the Clarion County Poor District v. The United States Fidelity & Guaranty Company. Assumpsit on the official bond of county commissioners.

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Appeals, Nos. 65, 66 and 67, Oct. T., 1907, by defendant, from orders of C. P. Clarion Co., Aug/T., 1907, No. 126, 127 and 128, making absolute rule for judgments for want of a sufficient affidavit of defense in case of Commonwealth to use of the county of Clarion, at the suggestion and for the use of the Clarion County Poor District v. The United States Fidelity & Guaranty Company. Assumpsit on the official bond of county commissioners. Buie for judgment for want of a sufficient affidavit of defense. Error assigned was order making absolute rule for judgment for want of a sufficient…

1Opinion of the Court

Opinion by

Mr. Justice Brown,

These three appeals, argued together, are from judgments entered against the appellant for want of a sufficient affidavit of defense in suits brought against it as surety on the official bonds of J. A. Summerville, G. W. Texter and J. S. Saxton, county commissioners of the county of Clarion. The condition of each bond was that the principal would faithfully discharge all duties imposed on him by law as such commissioner and faithfully and legally appropriate all county and other moneys which he, as such commissioner, should have authority to draw out of the county…

2Cases cited2 opinions

  1. Godshalk v. Northampton CountySupreme Court of Pennsylvania · 1872
  2. Melvin v. SummervilleSupreme Court of Pennsylvania · 1904

3Cited by4 opinions

  1. United States Fidelity & Guaranty Co. v. Pennsylvania ex rel. Clarion County Poor Dist.Court of Appeals for the Third Circuit · 1911
  2. Watts Twp. Board of Auditors v. P. Gutheil, Watts Twp SupervisorCommonwealth Court of Pennsylvania · 2018
  3. Jefferson County v. Hunter, Pennsylvania Court of Common Pleas, Jefferson County1930
  4. Watts Twp Board of Auditors v. K. Raudensky, Watts Twp SupervisorCommonwealth Court of Pennsylvania · 2018

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