Koons v. Seward
Supreme Court of Pennsylvania
ERROR to the common pleas of Luzerne county. ■ John Koons against Titus Seward. This action was founded upon the following facts: John Koons, the plaintiff, had sued Joseph Watson by capias, before a justice; while the capias was in the hands of the constable, the present defendant, Titus Seward, executed the following paper: “ Í agree that Joseph Watson shall answer the within capias on Saturday, the 25th, at one o’clock, P. M.; if not, I will pay debt and cost of the…
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ERROR to the common pleas of Luzerne county. ■ John Koons against Titus Seward. This action was founded upon the following facts: John Koons, the plaintiff, had sued Joseph Watson by capias, before a justice; while the capias was in the hands of the constable, the present defendant, Titus Seward, executed the following paper: “ Í agree that Joseph Watson shall answer the within capias on Saturday, the 25th, at one o’clock, P. M.; if not, I will pay debt and cost of the within. As witness my hand this 18th day of September 1830. ' Tittjs Seward. “ I assign the above bond to John Koons, the…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The rejection of this evidence by the court beIaw was erroneous. It is true, the defendant’s undertaking was not bail for the defendant’s appearance, agreeably to the provisions of *389the second section of the act of the 20th of March 1810, but an undertaking for the payment of the debt and costs, and therefore being substantially variant from the security prescribed by that act, would be void as a statutory obligation. Claasen v. Shaw, 5 Watts 468. Nor could it be good at common law, for if given for ease and favour on a capias ad…
2Cases cited1 opinion
- Claasen v. ShawSupreme Court of Pennsylvania · 1836
3Cited by3 opinions
- Snyder v. LeibengoodSupreme Court of Pennsylvania · 1846
- Wright v. KeyesSupreme Court of Pennsylvania · 1883
- Burleigh v. White, Pennsylvania Court of Common Pleas, Philadelphia County1926