Roup v. Waldhouer
Supreme Court of Pennsylvania
IN ERROR. Writ of error to the Court of Common Pleas of Allegheny county, in a scire facias on a recognizance of special bail, on an appeal from the judgment of a justice of the peace.
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IN ERROR. Writ of error to the Court of Common Pleas of Allegheny county, in a scire facias on a recognizance of special bail, on an appeal from the judgment of a justice of the peace. A suit had been brought before the justice by Casper Waldhouer and James invine, guardians of C. Waldhouer, the present defendants in error, against one James Patterson, in which judgment having been given for the plaintiffs, the defendant appealed to the Court of Common Pleas at November term, 1817, and entered into a recognizance with Jonas Roup, the plaintiff in error, as his surety, conditioned to prosecute…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
The court stopped the counsel of the defendants in error from arguing the first, second, and fourth specifications of error, so that the case is narrowed to one point: that is, the effect of final security for the judgment, and obtaining the stay of execution, under the provisions of the act of the 21st of March, 1806, 4 Smith, 329, as a discharge of the special bail.
This is a question, I think, for the first time made in our courts. •I cannot find any decision bearing directly on it in our own reports, and this indulgence is in some degree…
2Cases cited2 opinions
- Haas v. GaddisWashington Supreme Court · 1890
- State Ex Rel. Obion County v. BondTennessee Supreme Court · 1928
3Cited by1 opinion
- Crutcher v. CommonwealthSupreme Court of Pennsylvania · 1841