President of the Bank of Pennsylvania v. Lassel

Per M’Kean, C. J. and Yeates, J.

The general rule here, as in England, is never to make a bail bond stand as a security, where the plaintiff can be put in as good a condition, as if he had never been delayed. Cowp. 71. The raging of the yellow fever at the last term, induced the court to direct, that on judgments then entered, the eessets should be prolonged from sixty days to the first day of the present term. Consequently no execution could have issued earlier than this term, if the bail had been duly entered. The defendant possessed no lands which might have been bound by a judgment at the…