Commonwealth v. Schmeltz
Superior Court of Pennsylvania
Appeal, No. 195, April T., 1910, by defendants, from judgment of C. P. No. 4, Allegheny Co., Fourth T., 1907, No. 101, on verdict for plaintiff in case of Commonwealth to use of Carrie A. Schmeltz v. A. J. Schmeltz and A. W. Null. Assumpsit on a bond. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $300. Defendant appealed. Error assigned was in giving binding instructions for plaintiff.
1Opinion of the Court
Opinion by
Morrison, J.,
This is an action of assumpsit brought upon a written instrument designated as a bond and it is in the following form: “We, and each are jointly and severally indebted to the Commonwealth of Pennsylvania in the sum of Three hundred (300) dollars, to be levied of our lands and tenements, goods and chattels. Conditioned, that if the said Arthur J. Schmeltz shall pay the costs and pay to his wife $5 per week and enter into bond with surety in the sum of three hundred (300) dollars to comply, then this obligation to be void, otherwise to be and to remain in full force,…
2Cases cited2 opinions
- Miller v. CommonwealthSupreme Court of Pennsylvania · 1889
- Shriver v. CommonwealthSupreme Court of Pennsylvania · 1828
3Cited by2 opinions
- Commonwealth Ex Rel. Hosey v. HoseySuperior Court of Pennsylvania · 1930
- Shollenberg v. Kline, Pennsylvania Court of Common Pleas, Lehigh County1964