Bailie v. Wallace
Supreme Court of Pennsylvania
ERROR to the district court of Allegheny. county. A. and S. Bailie against George Wallace. This was an action of debt on an insolvent bond of G. A. Cook, in which the defendant was bail.
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ERROR to the district court of Allegheny. county. A. and S. Bailie against George Wallace. This was an action of debt on an insolvent bond of G. A. Cook, in which the defendant was bail. The plaintiff’s declaration was in common form and set out the condition of the bond as follows:— “ That the said George A. Cook should be and appear at the (then) next term of the court of common pleas of Allegheny county, and then and there present his petition for the benefit of the insolvent laws of this commonwealth, and comply with all the requisitions of said laws, and abide all the orders of the court…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
The condition of the bond prescribed by the act of the 16th June 1836, for the relief of insolvent debtors is, that the debtor shall appear at the next term, &c., and then and there present his petition, &c., and comply with the requisitions of the law, and abide all the orders of the court. Although it is not pretended that the debtor filed a petition, yet it is contended that the defendant is discharged because he was prevented from complying with the condition of his bond by the act of God, having died before the end of the next term. The…
2Cases cited2 opinions
- Shepley v. LytleSupreme Court of Pennsylvania · 1837
- Taylor v. Knox, Pennsylvania Court of Common Pleas, Philadelphia County1786
3Cited by1 opinion
- Stanko v. BianucciSuperior Court of Pennsylvania · 1920