Commonwealth v. Weglein

Lamberton, J.,

Suit was brought against the Sheriff of the County of Philadelphia and his bondsman. An amended statement of claim was filed, followed by an affidavit of defense raising questions of law. In the present situation, it is not our duty to determine whether or not the sheriff and his bondsman are liable. Our duty is to determine whether, on the facts averred in the statement of claim, it is possible that they may be liable.

*510The amended statement of claim avers that on May 19, 1933, Max Schermer Building and Loan Association caused execution to be issued against Fidelity Loan Company,…