Miller v. Bruff

Citations

• 64 Pa. Super. 177
• 1916 Pa. Super. LEXIS 269

Syllabus

<p>Sheriff—Deputy sheriff—Watchman’s wages — Power to hind sheriff—Ratification.</p> <p>There is no implied authority vested in a deputy sheriff to bind the sheriff, except as to those things necessary to be done in the proper execution of process. The employment of a watchman to watch over property seized on a fi. fa. is not necessary to a lawful execution of a writ; and if the deputy employs such watchman without express authority from the sheriff, the latter will not be bound for the watchman’s wages; nor in a suit against him for such wages will he be held liable on the ground that he has ratified the act of his deputy, if it appears that the alleged act of ratification was not based upon 'a full knowledge of all the material facts and circumstances attending the transaction.</p>