Scott v. Seiler
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin county. This was an action of debt by Hugh Scott against Jacob Seiler, late sheriff of Dauphin county. The plaintiff, Scott, had obtained a judgment against Isaac M’Cord, upon which his attorney had issued a capias ad satisfaciendum which came to the hand of the present defendant, as sheriff, and upon which he returned cepi corpus.
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ERROR to the common pleas of Dauphin county. This was an action of debt by Hugh Scott against Jacob Seiler, late sheriff of Dauphin county. The plaintiff, Scott, had obtained a judgment against Isaac M’Cord, upon which his attorney had issued a capias ad satisfaciendum which came to the hand of the present defendant, as sheriff, and upon which he returned cepi corpus. The plaintiff, having given in evidence the record of this judgment, and the proceedings upon it, gave the following evidence: William M’Clure, Esq., sworn as a witness, testified as follows: Sometime in September or October…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
Though the errors assigned are numerous, they may all be resolved into three questions. First, did the court below err in permitting the defendant, who is sued here in debt, as the sheriff of Dauphin county, for having permitted Isaac M'Cord to escape from his custody, after being arrested upon a capias ad satisfaciendum, sued out of the court of the common pleas of the same county upon a judgment thereon obtained against M’Cord at the suit of the plaintiff in this action, for upwards of 300 dollars, including costs of suit, to amend his…
2Cases cited2 opinions
- Foster v. JackSupreme Court of Pennsylvania · 1835
- Lynch v. Commonwealth ex rel. BartonSupreme Court of Pennsylvania · 1827
3Cited by5 opinions
- Vaughn v. LoveSupreme Court of Pennsylvania · 1936
- Bartholemew v. LeechSupreme Court of Pennsylvania · 1838
- Hopkinson v. LeedsSupreme Court of Pennsylvania · 1875
- Maloney v. SimpsonSupreme Court of Pennsylvania · 1910
- Lines v. State ex rel. JonesIndiana Supreme Court · 1843