Legal Opinion

Mishler v. Commonwealth

Supreme Court of Pennsylvania

Decided July 9, 1869PublishedCited by 8 opinions

May 4th and 5th 1869. Before Thompson, 0. J., Read, Agnew and Sharswood, JJ. Williams, J., absent. Error to the Court of Common Pleas of Lancaster county, No. 55, to May Term, 1869. • In the court below, an action of debt on a forfeited recognisance was brought September 3d 1867, by the Commonwealth v. Isaac Mishler.

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May 4th and 5th 1869. Before Thompson, 0. J., Read, Agnew and Sharswood, JJ. Williams, J., absent. Error to the Court of Common Pleas of Lancaster county, No. 55, to May Term, 1869. • In the court below, an action of debt on a forfeited recognisance was brought September 3d 1867, by the Commonwealth v. Isaac Mishler. The declaration set out a recognisance by the defendant in this case, taken March 8th 1867, before an alderman, in the sum of $1000, conditioned for the appearance of Lewis Suter at the Court of Quarter Sessions of Lancaster county, on the third Monday in April then next, and…

1Opinion of the Court

The opinion of the court was delivered,

by Sharswood, J.

This was ah action of debt upon a forfeited recognisance in the Quarter Sessions. The defendant below was the bail of Lewis Suter, and pleaded nul tiel record, and a special-plea that the condition of the recognisance was performed by Lewis Suter appearing, and that the said recognisance was not lawfully forfeited as to Isaac Mishler, the plaintiff in error. To this a replication, traversing the averments of the plea, was filed by the Commonwealth, tendering an issue to the country.

The 1st assignment of error is, that the court erred in…

2Cases cited6 opinions

  1. Spencer-Sturla Co. v. City of MemphisTennessee Supreme Court · 1927
  2. Hatch v. BentonNew York Supreme Court · 1849
  3. People v. BlankmanNew York Supreme Court · 1837
  4. Wilson v. StateIndiana Supreme Court · 1842
  5. People v. ClaryNew York Supreme Court · 1837

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3Cited by8 opinions

  1. Commonwealth v. BarrettSupreme Court of Pennsylvania · 1931
  2. Commonwealth v. HarveySupreme Court of Pennsylvania · 1908
  3. Commonwealth v. MeeserSuperior Court of Pennsylvania · 1902
  4. Commonwealth v. BlumbergSuperior Court of Pennsylvania · 1914
  5. Shafer v. Meadville Tele. Co.Superior Court of Pennsylvania · 1930

3 more not listed; retrieve them via the Exa API.

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