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· 10/2/1893

Commonwealth v. Warfel

Citations

  • 157 Pa. 444
  • 27 A. 763
  • 1893 Pa. LEXIS 1434

Syllabus

<p>Constables — Suits against — Aot of March 21, 1772. '</p> <p>No action can be brought against a constable for anything done in obedience to a warrant issued by a justice of the peace, until demand has been made upon the officer, and the same has been neglected or refused for the space of six days. The conditiou imposed by the act of March 21, 1772,</p> <p>1 Sm. L. 365, requiring such demand to be made is absolute and imperative, and is precedent to the right of action.</p> <p>Action — Constable—Altering return clay in summons.</p> <p>No action can be brought against a constable for altering the return day in a summons before serving it upon defendant. Such an alteration is entirely a matter between the justice of the peace and the constable.</p>

Judges: Chirr, Dean, Green, Mitchell, Stekrett, Sterrett, Williams

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