Kleckner v. County of Lehigh
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northampton county, to remove the record of an action brought in that court by Daniel Kleclcner against the county of Lehigh.
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Error to the Court of Common Pleas of Northampton county, to remove the record of an action brought in that court by Daniel Kleclcner against the county of Lehigh. The plaintiff, on the 19th day of September, 1840, sued out of the .Court of Common Pleas of Northampton county, a writ of summons against the defendant, returnable the third Monday of November thereafter; on which day the writ was duly returned by the sheriff, thus endorsed:—“September 19, 1840, summoned Philip Person, personally, this day, by reading the within to him. November 3, 1840, summoned Timothy Weiss, by reading the…
1Opinion of the Court
The opinion of the court was delivered by.
Rogers, J.
The legality of the service of the writ, as it appears in the sheriff’s return, is not noticed in the opinion of the court, although it is the point mainly relied on in the argument here. Strike out the words “ said to be ” from the return, and the service is absolute and positive on tw6 Commissioners; and in that case the court cannot discharge the county on motion, but will leave them to their remedy by action against the sheriff; or possibly relief may be had by a plea that they, or one of them, was not the qualified Commissioner of the…
2Cases cited1 opinion
- Mentz v. HammanSupreme Court of Pennsylvania · 1840
3Cited by9 opinions
- Bennethum v. Bowers, Pennsylvania Court of Common Pleas, Berks County1890
- Benwood Ironworks v. Hutchinson & Bro.Supreme Court of Pennsylvania · 1882
- Winrow v. RaymondSupreme Court of Pennsylvania · 1846
- Fillman's AppealSupreme Court of Pennsylvania · 1882
- Trimble v. Erie Electric Motor Co.U.S. Circuit Court for the District of Western Pennsylvania · 1898
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