Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1871-07-22

SUPREME CoURT OF PENN'A.-BAMFoRD v.
KEEFER.-1. A promise of indemnity is broken
by a recovery of u judgment against the pro-
misce
2. The discharge of defendant arrested on a
ca. sd., unless at his request, is n satisfaction
of the Judgment.
8. A constable who had taken bond of indemni-
ty TO secure him In making Il levy and sale,
had Judgment recovered against him on that
account, and had been so arrested and dis
charged, is still entitled to recover the costs
of the litigation, &C., from the obligor.
| Error to the Common Pleas of Northumberland
county.
| Opinion by READ, j. Delivered March 18th,
| 1871.
In this case the court below directed the jury
! to ind verdict in favor of the defendant, but
delivered no opinion and assigned no reasons.
We therefore obliged to collect the nature of
the PLAINTIFFS claim, and of the defendants de-
fence, from the meagre record before us, assisted
by the paper books of the parties.
1t is undoubtedly the law, that promise of
indemnity is broken by the recovery of n judy
ment against the person to whom the promise
was made, and he may maintain an action upon
it, without proof of the payment of the judy
mcnt, Stroh V. Kimmel, 8 Watts, 157 Bank v.
Douglass, Watts, 05 Carman V. Noble, 0 Barr,
3C6, 311 Gardner V. Grove, 10 S. Sc Il. 1S7, 139,
Tilghman, c. j.. Miller V. Howry, Pcnp. r.
314.
A Judgment before justice, was obtained by
George Kecfcr against Israel B. Dunkcbcrgcr,
I on the 9TH of May, 1889, for S47.40, and on the
30th of July the execution was returned 'no
goods found'' On the 22d of August, 1859,
George Keefer gave John Bamford, constable, II
bond of indemnity, and on the next day. an alias
execution issued to said John Bamford, consta-
bic, which: on the I2th September was returned
''no goods round,' and on the sth October, 1859,
pla,riUS execution issued to John Bamlord, con-
stable, who on the Goth October returned "levied
on one mule, and sold for Si3 ana money paid
into oficc," which was received by George
Kecfcr, who entered, "reccived satisfaction on
the docket Jonathan Duuklcbtrgcr commenced
an action of trespass against John Bamford, for
the taking of the said mule, and recovered
judgment against him for S3lG.5G. This suit
was defended by George kecfer, who employed
counsel. This suit is brought by the plaintiff
against the defendant to recover the amount of
the said Judgment, and all damages sustained by
him.
In answer to this, the defendant alleges that
the bond does not apply to this case but in this
we think he errs, and his action proves that he
! thought he did. But his real defence is, that
upon a cGDiaS az Sati$tdcicnClan issued by Dunkle
berger, on his judgment, Bradford was taken
in execution, ana discharged by the plaintiff S
attorney, under the following order to the sheriff.:
''Thc sheriff is hereby requested to discharge de-
! fendant at the costs of the plaintiff"
.hnfn nj, is l.
decided in Magniuc V. Thompson, II Howard,
PSI, and there is no doubt, that ut common law,
this judgment Was satisfied, and the exception
made 10y the 31st section of the Act of 10th June,
1850, only applies where the discharge is at the
request of the defendant.
! But this does not dispose of the case, for the
plaintiff is clearly entitled to such costs and
charges as he has been put to, and such damages
as he has sustained by a litigation running
through seven years and upwards, and ending in
! his incarceration.
Judgment reversed and gcnirc &c sopo award
ed.-PWSJauy Legal JounGl.
"ODsERvER," correspondent of this place to
the -Mltoticn, gives the following list of names
of the Sherfls OF Northumberland county, from
the time of the origin of the county, in 1772, to
the present time. The first Sheriff, Geo. Naglc,
acted in both Northumberland ana Berks coun-
ties, until the election Of his successor, William