Duncan v. Klinefelter
Supreme Court of Pennsylvania
ERROR to the common pleas of York county. This was an action on the case by Andrew Duncan against Adam Klinefelter, in which the following special verdict was found. . In 1830 the plaintiff was commissioned sheriff of the county of York and appointed the defendant jailer and keeper of the prison of said county.
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ERROR to the common pleas of York county. This was an action on the case by Andrew Duncan against Adam Klinefelter, in which the following special verdict was found. . In 1830 the plaintiff was commissioned sheriff of the county of York and appointed the defendant jailer and keeper of the prison of said county. In 1833 suit was brought in the circuit court of the United States for the eastern district of Pennsylvania, by Isaac Darst and others, citizens of Ohio, upon a covenant made in York county, Pennsylvania, to said plaintiff, by Jacob Roth, then and always a citizen of Pennsylvania, and…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The power of the associate judge of the court of common pleas of York county to discharge Roth from custody under the capias ad satisfaciendum, issued by the circuit court of the United States, on giving bond to take the benefit of the act of assembly of the state of Pennsylvania, for the relief of insolvent debtors, is not sustainable. The act of assembly on this subject, passed the 28th of March 1820, authorises the debtor to apply to the president, or any associate judge of the court of common pleas of the county in which he is arrested,…
2Cases cited4 opinions
- Wayman v. SouthardSupreme Court of the United States · 1825
- Bank of the United States v. HalsteadSupreme Court of the United States · 1825
- Mason v. HaileSupreme Court of the United States · 1827
- Shewel v. FellSupreme Court of Pennsylvania · 1800
3Cited by11 opinions
- Patterson v. WesterveltNew York Supreme Court · 1837
- Smith v. Commonwealth ex rel. McGarvySupreme Court of Pennsylvania · 1868
- Gebhardt v. HolmesWisconsin Supreme Court · 1912
- Plumleigh v. CookIllinois Supreme Court · 1852
- Shewel v. FellSupreme Court of Pennsylvania · 1800
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