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129 Pa. 480

Commonwealth v. Baily

Supreme Court of Pennsylvania

Decided October 3, 1887

Supreme Court of Pennsylvania · decided 1887-10-03

No. 30 May Term 1887, Sup. Ct.; court below, No. 65 January Term 1887, C. P. To tbe number and term of the court below, an action of debt was brought by the commonwealth against Silas M. Baily, Charles H. Rush and others, to recover upon the bond of the said Silas M. Baily, as state treasurer.

Good law ✅— No negative treatment on recordhow we know

Decided 1887-10-03

How this case has been cited

Cited by 7 later decisions — most recently January 1940

2 federal appellate · 5 state decisions

401887189019001910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Opinion,

Me. Justice Steeeett:

¶2It appears to be a harsh measure of justice to hold that the treasurer and his sureties are liable, on his official bond, for the money deposited under the circumstances disclosed in the affidavit of defence, and subsequently lost without his fault or negligence; but, it is impossible to reach any other conclusion without ignoring the authority of well considered cases cited and relied on by the learned president of the Common Pleas. The only question presented by the record is so fully considered by him, in his opinion, that further elaboration is unnecessary. In view of the authorities referred to and for the reasons there given, we are constrained to say there is no error in the judgment.

¶3Judgment affirmed.

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