Chadwick v. Ober
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Venango county: No. 193, to October and November Term 1871. On the 11th of July 1870, Elihu ChadAvick and others issued a scire facias sur recognisance in error to the Supreme Court, against George Ober, Augustus Hartje, Henry C. Reineman and Martin Heehelman. Service was made on Ober, and the sheriff returned “nihil” as to the other defendants.
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Error to the Court of Common Pleas of Venango county: No. 193, to October and November Term 1871. On the 11th of July 1870, Elihu ChadAvick and others issued a scire facias sur recognisance in error to the Supreme Court, against George Ober, Augustus Hartje, Henry C. Reineman and Martin Heehelman. Service was made on Ober, and the sheriff returned “nihil” as to the other defendants. Ober, on the 2d of August, filed an affidavit of defence which went to the whole cause of action against himself and the other defendants, who were his sureties. On the 26th of August, the plaintiffs issued an…
1Opinion of the Court
The opinion of the court was delivered, January 9th 1872, by
Thompson, C. J.
The writ of error in this case brings up a record upon which final judgment has not been entered. It was an action on a recognisance of bail in error to which an affidavit of defence was filed by Ober, one of the defendants, in favor of himself and the other defendants, his sureties. No judgment was taken for want of an affidavit of defence or otherwise, and'Ober pleaded nul tiel record, payment icith leave, &c. There the case as to him stands. As to the other defendants there was no service, two nihils being returned…
2Cited by1 opinion
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