Commonwealth v. White
Superior Court of Pennsylvania
Appeal, No. 74, Oct. T., 1920, by defendants, from judgment of C. P. Potter County, Dec. T., 1918, No. 24, discharging rule to open judgment in the case of Commonwealth of Pennsylvania for use thereof, and for the use of the County of Potter, the Poor District of Potter County and the School District of Galeton Borough, v. John L. White, T. R. Quick, Appellants, and Harry D. Martin. Rule to open judgment.
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Appeal, No. 74, Oct. T., 1920, by defendants, from judgment of C. P. Potter County, Dec. T., 1918, No. 24, discharging rule to open judgment in the case of Commonwealth of Pennsylvania for use thereof, and for the use of the County of Potter, the Poor District of Potter County and the School District of Galeton Borough, v. John L. White, T. R. Quick, Appellants, and Harry D. Martin. Rule to open judgment. Before Heck, P. J. The facts are stated in the opinion of the Superior Court. The court discharged the rule. Defendant appealed. Error assigned was the order of the court. The sureties on…
1Opinion of the Court
Opinion by
Head, J.,
We are all of opinion the first position taken by the learned counsel for the appellant is untenable. It is true the bond upon which these appellants were sureties was required to be filed in the office of the clerk of the court of quarter sessions, there to remain “subject to the order of the court for the security of the said townships, boroughs and school districts.” See Act of the 1.7th of February, 1859, P. L. 51, extended to Potter County by the Act of April 2, 1860, P. L. 584. These statutes are still in force. We may concede that a due regard for the principles…
2Cases cited7 opinions
- Black v. Duquesne Borough School DistrictSupreme Court of Pennsylvania · 1913
- Commonwealth v. TobinSupreme Court of Pennsylvania · 1913
- McGarrity v. McQuailSupreme Court of Pennsylvania · 1913
- Commonwealth v. DusmanSupreme Court of Pennsylvania · 1913
- Commonwealth v. PerregoSuperior Court of Pennsylvania · 1909
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3Cited by5 opinions
- Commonwealth v. NestlerSupreme Court of Pennsylvania · 1933
- Mauch Chunk Township School District v. FisherSuperior Court of Pennsylvania · 1937
- Commonwealth v. Allentown Trust Co., Pennsylvania Court of Common Pleas, Lehigh County1923
- Hoffman's PetitionMontgomery County Court of Quarter Sessions · 1929
- Swaney v. County of Fayette, Pennsylvania Court of Common Pleas, Fayette County1940