122 Pa. 115 | Pa. | 1888
Opinion,
This case was tried upon an entirely false theory. It seems to have been taken for granted, both by court and counsel, that if in fact McDonald, the plaintiff, gave to the sheriff such definite information as to enable him to discover the escaped criminal, he, the plaintiff, was entitled to the inward offered by the county commissioners. A reading, however, of the offer made by those commissioners ought to have corrected the mistake, and led to a proper trial and judgment. “ The commissioners of Juniata county will pay, for the capture and delivery of the above-named W. Josiah McMeen to the jail of Juniata county, the sum of four hundred dollars.” A mere reading of this paper settles the whole controversy; the reward was not offered for information as to the prisoner’s whereabouts, but for his capture and delivery. How then could one be entitled to that reward who neither captured nor delivered him? Admitting then, that the plaintiff gave the sheriff accurate information as to where the culprit could bo found, and that he went with him and acted as one of his posse, yet on that officer fell the duty of arrest, and the plaintiff was relieved of all responsibility.
It seems to have been assumed in the court below that the sheriff had, in consequence of the information convoyed to
The judgment is reversed.