McCann v. Farley
Supreme Court of Pennsylvania
Error, to the District Court of Philadelphia. This was a judgment entered upon a bond and warrant of attorney, dated day of January, 1854, for the sum of $400, conditioned “for the payment of the just and full sum of $400, and to indemnify the said Thomas Farley for any damages he may -sustain by reason of the said Thomas Farley becoming surety for William Costello in a bond to Samuel Allen, Esq., high sheriff for the city and county of Philadelphia, bearing date the 10th…
Read the full summary
Error, to the District Court of Philadelphia. This was a judgment entered upon a bond and warrant of attorney, dated day of January, 1854, for the sum of $400, conditioned “for the payment of the just and full sum of $400, and to indemnify the said Thomas Farley for any damages he may -sustain by reason of the said Thomas Farley becoming surety for William Costello in a bond to Samuel Allen, Esq., high sheriff for the city and county of Philadelphia, bearing date the 10th day of January, 1854, in which the said Thomas Farley, William Costello, and John Mackey are co-obligors for the…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
That a judgment entered on bond with warrant of attorney is not within the letter of the stat. 8 & 9 Wm. 3, ch. 11, § 8, is shown by the terms of the statute, which are all predicated of “ actions which shall be commenced or prosecuted upon any bond or bonds,” &c. The provision that “if judgment shall be given for the plaintiff on demurrer, or by confession, or nihil dicit,” is to be referred to the foregoing words, and means a judgment in an action commenced.
Nor is a judgment on warrant of attorney within the reason or spirit of the…
2Cases cited1 opinion
- Longstreth & Cook v. GraySupreme Court of Pennsylvania · 1832
3Cited by5 opinions
- Spiese v. SheeSupreme Court of Pennsylvania · 1915
- New Amsterdam Building & Loan Ass'n v. MoyermanSuperior Court of Pennsylvania · 1928
- W. H. Keech Co. v. O'HerronSuperior Court of Pennsylvania · 1909
- Commonwealth v. MaxwellSupreme Court of Pennsylvania · 1907
- Holfelder v. SchrammSupreme Court of Pennsylvania · 1917