Munis v. Oliver

Citations

• 24 Pa. Super. 64
• 1903 Pa. Super. LEXIS 301

Syllabus

<p>Sheriff — Deputy sheriff — Employment of watchman — Principal and agent — Ratification.</p> <p>A deputy sheriff has no power by virtue of his deputation to bind the sheriff for services of a watchman to watch goods attached under a foreign attachment, and .the sheriff is not liable for the contracts of his deputy, though such contracts grow out of and are connected with his official duties, so long as they are not a part thereof. The deputy sheriff can bind his principal only as to those things necessary in the proper service of the writ.</p> <p>The taking of the goods into the custody of the sheriff or leaving them in charge of a watchman is not a necessary part of the official duty of the sheriff in order to execute his attachment and hold the goods of the defendant.</p> <p>The employment of a watchman by a deputy sheriff will not be deemed to have been ratified by the sheriff where it appears that the sheriff was not informed of the nature of the contract of employment, the rate of compensation of the watchman, and how long he had been at work.</p>