Commonwealth v. Gray
Superior Court of Pennsylvania
Appeal, No. 36, April T.,- 1904, by defendant, from order of C. P. Cambria Co., Dec. T., 1902, No. 54, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Commonwealth to use of Cambria County v. Joseph A. Gray. Before Rice, P. J., Scire facias sur recognizance.
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Appeal, No. 36, April T.,- 1904, by defendant, from order of C. P. Cambria Co., Dec. T., 1902, No. 54, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Commonwealth to use of Cambria County v. Joseph A. Gray. Before Rice, P. J., Scire facias sur recognizance. An affidavit of defense was filed which averred that the recognizance was invalid because it was taken by one purporting to -be a deputy clerk of the court of quarter sessions in the Ebensburg jail, and not in open court or in the presence of the clerk thereof, in vacation, and without legal…
1Opinion of the Court
Opinion by
Henderson, J.,
This is a scire facias sur recognizance of bail. The recognizance is in the usual form. Its execution by the defendant is not denied nor the averment that the forfeiture was regularly taken and entered of record on default of the recognizors. The record shows an acknowledgment before the clerk of the courts. A plea of nul tiel record would not avail the defendant and by this test his liability must be determined. The proposition contained in the affidavit of defense is to impeach the record by parol evidence, This cannot be done, It is un*112necessary to cite authorities…
2Cases cited1 opinion
- Respublica v. CobbetSupreme Court of the United States · 1798
3Cited by2 opinions
- Commonwealth v. BarrettSupreme Court of Pennsylvania · 1931
- Commonwealth v. SavageSuperior Court of Pennsylvania · 1906