Commonwealth ex rel. D. C. Hyde & Co. v. Cope
Supreme Court of Pennsylvania
ERROR to tbe Common Pleas of Northampton county. This was an action of debt, brought to November Term 1855, No. 84, in the name of The Commonwealth for the use of Daniel C. Hyde and James S. Hyde, partners trading as D. C. Hyde & Co. against Jacob Cope, Peter Gross, John Haas, and Jacob S. Hartzell, who survived their co-obligor Jonas Lerch, and was founded on the official bond of Jacob Cope, late high sheriff of Northampton county.
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ERROR to tbe Common Pleas of Northampton county. This was an action of debt, brought to November Term 1855, No. 84, in the name of The Commonwealth for the use of Daniel C. Hyde and James S. Hyde, partners trading as D. C. Hyde & Co. against Jacob Cope, Peter Gross, John Haas, and Jacob S. Hartzell, who survived their co-obligor Jonas Lerch, and was founded on the official bond of Jacob Cope, late high sheriff of Northampton county. The plaintiffs’ declaration contained two counts:— The first count set out the official bond, alleging that Jacob Cope, sheriff, “ did not perform the duties of…
1Opinion of the Court
The opinion of the court was delivered,
by
Strong, J.
This was an action upon a sheriff’s official bond, to which the defendants pleaded at first performance and payment. Subsequently they added the plea of non est factum, and also pleaded specially in bar the pendency of a former action upon the same bond. The court having refused to strike off the last-mentioned plea, the case went to trial on this state of the record, and on all the issues except the last there was a verdict for the plaintiffs. On the plea of a former action pending, a verdict was returned for the defendants. The question…
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