Manufacturers & Mechanics' Bank of the Northern Liberties in the Co. v. Cowden
New York Supreme Court
On the 16th day of April, 1841, the defendants Cowden and Boyd of the state of Pennsylvania, and St. John of the state of New-Jersey, as their surety, executed to the plaintiffs a bond in the penalty of $50,000—conditioned to pay $25,000—and a warrant of attorney, directed “ to Thomas D. Smith, Esq. attorney of the court of common pleas at Philadelphia, in the county of Philadelphia, in the state of Pennsylvania, or to any other attorney of the said court or of any other…
Read the full summary
On the 16th day of April, 1841, the defendants Cowden and Boyd of the state of Pennsylvania, and St. John of the state of New-Jersey, as their surety, executed to the plaintiffs a bond in the penalty of $50,000—conditioned to pay $25,000—and a warrant of attorney, directed “ to Thomas D. Smith, Esq. attorney of the court of common pleas at Philadelphia, in the county of Philadelphia, in the state of Pennsylvania, or to any other attorney of the said court or of any other court there or elsewhere, or to any prothonotary of any of the said courts.” After reciting the bond, the power proceeded…
1Opinion of the Court
By the Court, Bronson, J.
It is hardly necessary to resort to the second certificate of the prothonotary. The matter is plain enough without it. The eighth judicial district includes several counties, in each of which there is a court of common pleas, and Ellis Lewis is the presiding judge in each of those courts. Lycoming county is within the eighth judicial district, and thus it appears that the affidavit was sworn before a judge of the court of common pleas of Lycoming county. (2 R. S. 396, § 25-.) It is not necessary to follow the letter of the statute. A substantial compliance with its…
2Cases cited2 opinions
- Belden v. DevoeNew York Supreme Court · 1834
- Fairchild v. CamacU.S. Circuit Court for the District of Eastern Pennsylvania · 1819