Stocker ex rel. Irwin v. Dech

Citations

• 167 Pa. 212
• 31 A. 555
• 1895 Pa. LEXIS 879

Syllabus

<p>Bond — Forthcoming bond — Sheriff—Execution.</p> <p>A sheriff having levied upon the goods of the defendant, permitted him to keep them-upon giving a bond, conditioned “ that if the defendant shall deliver to the said J. Mackey Stocker, Esq., sheriff as aforesaid, paints of like quantity and quality as aforesaid levied upon and now on the cars as aforesaid, when legally required by him to meet the exigency of said execution or any other execution issued on the said judgment, that then this obligation is void.” Held, that when an alias fi fa. was placed in the hands of the sheriff who succeeded Stocker in office and he made demand upon the principal and surety in the bond for the i-eturn of the goods, their failure to produce them worked a breach of the condition in the bond, and the surety was liable.</p>