Clement v. Courtright

Citations

• 9 Pa. Super. 45

Syllabus

<p>Bond given to sheriff — Liability attaches although bond not demandable.</p> <p>A bond haying been given to a sheriff for a lawful purpose it may be enforced according to its terms even though the sheriff had no right to require it.</p> <p>Sheriff's bond in foreign attachment — Obligor's liability defined.</p> <p>A defendant in attachment, who derives his right under a bond given to the sheriff by the plaintiff, through assignment by the sheriff, can recover no more than the sheriff could recover in an action on the bond assigned.</p> <p>In the case at bar the bond was conditioned to save harmless, etc., the sheriff, etc., from suits, actions, costs, etc., by reason of executing a writ of foreign attachment and if the plaintiff shall prosecute, etc., with effect, etc., held, that the sheriff is not responsible for the deprivation of property, suffered by the defendant, when taken in pursuance of the writ, nor for costs of suits; and hence the assignee of the sheriff’s bond has no cause of action based on a claim for interest on money attached, which was suspended during the action.</p>