Gordon v. Camp
Supreme Court of Pennsylvania
In error from the Common Pleas of Bradford'county. July 15. Replevin. — The plaintiff having given evidence of title to the property, the defendant rested his title on a constable’s sale as the property of the plaintiff’s brother.
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In error from the Common Pleas of Bradford'county. July 15. Replevin. — The plaintiff having given evidence of title to the property, the defendant rested his title on a constable’s sale as the property of the plaintiff’s brother. Having shown a judgment before a justice of the peace against Sill and C. Camp, the brother of plaintiff, in Wysox township, offered in evidence an execution issued “to the constable of Herrick township,” and the return by the constable of Standing-Stone township. It was conceded that Standing-Stone was an adjoining township to Herrick, in which the defendant…
1Opinion of the CourtBurnside, J.
The civil jurisdiction of a constable was unknown to the common law.. He derives all his civil authority and jurisdiction from legislative enactment.
The act of the 15th April, 1834, Purd. Dig. 178, 179, 6th ed., makes *350him a township officer, and provides for his annual election and appointment. Prior statutes had similar provisions, but they are super-' seded in the act of 1834.
The Hundred Dollar act, of the 20th March, 1810, directs the justices of the peace to issue their process to the constable of the township or district where the defendant usually resides, or can be found, or to the…
2Cases cited3 opinions
- Shockley v. Morristown Produce & Ice Co.Tennessee Supreme Court · 1928
- Boyles v. Johnston's ExecutorsSupreme Court of Pennsylvania · 1813
- Smith v. SchellSupreme Court of Pennsylvania · 1825
3Cited by4 opinions
- Merchants Credit Service, Inc. v. Chouteau County BankMontana Supreme Court · 1941
- Farley v. NewtonSuperior Court of Pennsylvania · 1896
- Foy v. Schiele, Pennsylvania Court of Common Pleas, Montgomery County1926
- Palmer v. Phalen, Pennsylvania Court of Common Pleas, Washington County1926