Commonwealth v. Shick
Supreme Court of Pennsylvania
Error to the Court of Quarter Sessions of Philadelphia: No. 219, to January Term 1869.. An action of debt on a forfeited recognisance, at the suit of The Commonwealth of Pennsylvania, upon the suggestion of Andrew Hanstetter, was instituted December 4th 1868, against J. M. Kaumheimer, principal, and C. Shick, surety, in the Quarter Sessions of Philadelphia. Shick only was served. Judgment was there entered for defendant on demurrer.
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Error to the Court of Quarter Sessions of Philadelphia: No. 219, to January Term 1869.. An action of debt on a forfeited recognisance, at the suit of The Commonwealth of Pennsylvania, upon the suggestion of Andrew Hanstetter, was instituted December 4th 1868, against J. M. Kaumheimer, principal, and C. Shick, surety, in the Quarter Sessions of Philadelphia. Shick only was served. Judgment was there entered for defendant on demurrer. On error, this judgment was reversed by the Supreme Court, judgment entered for the Commonwealth against Shick and the record remitted. Execution was issued…
1Opinion of the Court
The opinion of the court was delivered, February 23d 1869, by
Agnew, J.
The right of Hanstetter, the prosecutor, to sue out this writ of error, depends on his interest in the recognisance, and this is the question to be determined on the 2d assignment of error. If he had a vested interest in the recognisance, the governor could not remit it, and he had a right to remove the proceedings which set aside his execution. But clearly he had none. The recognisance was that of bail forfeited for a default of his principal to appear to answer a criminal charge. It is a debt to the Commonwealth to which…
2Cases cited2 opinions
- Exparte M'DonaldSupreme Court of Pennsylvania · 1837
- Commonwealth v. DennistonSupreme Court of Pennsylvania · 1839
3Cited by2 opinions
- Commonwealth v. Real Estate Title, Insurance & Trust Co.Superior Court of Pennsylvania · 1903
- United States v. AlexandroffDistrict Court, E.D. Pennsylvania · 1906