Union Bank v. Kraft
Supreme Court of Pennsylvania
DEBT upon a bail bond. on the first day of the last term, obtained a rule to shew cause, why the proceedings in this suit should not be set aside, upon confessing judgment in the original action as of December Term, 1815, and paying the costs of the bail bond suit. 1 • < It appeared that the original action was brought to July, 1814. On the 10th of the following September, a declaration was filed, and on the 3d of May, 1815, special bail was entered.
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DEBT upon a bail bond. on the first day of the last term, obtained a rule to shew cause, why the proceedings in this suit should not be set aside, upon confessing judgment in the original action as of December Term, 1815, and paying the costs of the bail bond suit. 1 • < It appeared that the original action was brought to July, 1814. On the 10th of the following September, a declaration was filed, and on the 3d of May, 1815, special bail was entered. Process issued in this suit on the 5th of September, returnable to December Term, 1815. By the course of the Court, a trial might have been had,…
1Opinion of the Court
Tilghman C. J.
This is a rule to shew cause why the proceedings in the bail bond suit should not be set aside on certain conditions.
The writ in the original action issued 30th June, 1814. Special bail was entered the 3d May, 1815. On the 5th September, 1815, process issued on the bail bond, returnable to December Term, 1815, on the first day of which term, the present motion was made, viz. to stay proceedings on confessing judgment in the original action, and paying'the costs of this suit. If bail had been entered at the usual time, the plaintiffs would have had their trial at the Nisi Prius…
2Cases cited1 opinion
- Priestman v. KeyserSupreme Court of Pennsylvania · 1811
3Cited by1 opinion
- Nice v. BowmanSupreme Court of Pennsylvania · 1837