Legal Opinion

Boyd v. Commonwealth

Supreme Court of Pennsylvania

Decided July 1, 1860PublishedCited by 6 opinions

Error, to the Common Pleas of Lancaster county. This was an action of debt by The Commonwealth of Pennsylvania, for the use of Thomas Robinson, trustee of John Kreider and Elizabeth his wife, against William C. Boyd, one of the sureties of John Rawlins, assignee of the said John Kreider and wife, in a bond given by the assignee for the faithful application of the proceeds of certain real estate ordered to be sold by the Court of Common Pleas.

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Error, to the Common Pleas of Lancaster county. This was an action of debt by The Commonwealth of Pennsylvania, for the use of Thomas Robinson, trustee of John Kreider and Elizabeth his wife, against William C. Boyd, one of the sureties of John Rawlins, assignee of the said John Kreider and wife, in a bond given by the assignee for the faithful application of the proceeds of certain real estate ordered to be sold by the Court of Common Pleas. On the 2d September 1848, John Rawlins was appointed assignee of John Kreider and wife, in place of a former trustee; and, on his petition, the court…

1Opinion of the Court

The opinion of the court was delivered by

Thompson, J.

The docket entries in the case of the application for the sale of the real estate, on account of which the bond in question was given by the trustee, Rawlins, the defendant, and another, as his sureties, the order of the court thereon, the names of the assignee and sureties in the bond, and the amount of it, together with the subsequent proceedings resulting in a sale, &c., constituted the first step in the testimony of plaintiff. Following this, there was evidence of the loss of the bond from the files of the court, and diligent search for…

2Cases cited3 opinions

  1. Harvey v. ThomasSupreme Court of Pennsylvania · 1840
  2. Commonwealth v. EvansSupreme Court of Pennsylvania · 1833
  3. Commonwealth v. WenrickSupreme Court of Pennsylvania · 1839

3Cited by6 opinions

  1. Commonwealth, to Use v. GudaitisSupreme Court of Pennsylvania · 1936
  2. In re WisemanDistrict Court, E.D. Pennsylvania · 1903
  3. Brookville's ElectionJefferson County Court of Quarter Sessions · 1924
  4. Commonwealth v. KeanSuperior Court of Pennsylvania · 1902
  5. Commonwealth v. RemaleySuperior Court of Pennsylvania · 1901

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