Horton v. Miller
Supreme Court of Pennsylvania
Error to the Common Pleas of Schuylkill county. This was an action of debt, brought November 25th 1858, by John Miller against Roger H. F. Horton and Henry Heil.
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Error to the Common Pleas of Schuylkill county. This was an action of debt, brought November 25th 1858, by John Miller against Roger H. F. Horton and Henry Heil. The plaintiff declared on an insolvent bond, executed by the defendants, dated June 21st 1858, in the penal sum of $360, upon condition that Roger H. F. Horton should appear “at the next term of the Court of Common Pleas of Schuylkill county,” then and there present his petition for the benefit of the insolvent laws, &c., averring a breach of the condition; to which the defendant pleaded nil debet, non est factum, and “ payment with…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, J.
— Terms of courts “ are those times or seasons of the year, which are set, apart for the despatch of business in the superior courts of common law:” Tidd’s Prac. 105. Sir Henry Spelman traces their origin to the canonical constitutions of the church, which the four ordinary feasts of Hilary, Easter, Trinity, and Michaelmas, being the names of the four terms of the courts of common law in England, very clearly indicate to be their true origin. These terms are described by him as “being no other than those leisure seasons of the year which…
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