Wolfram v. Strickhouser
Supreme Court of Pennsylvania
ERROR to the Common Pleas of York county. John Strickhouser and Adam Behler, administrators of Henry Strickhouser, deceased, against Jonathan Wolfram. ' The plaintiffs obtained a judgment in the Court of Common Pleas of York county for a debt of $405.62 against one Gustavus Wolfram, and afterwards, to November Term 1838, issued a capias ad satisfaciendum on the same, upon which the said Gustavus was arrested, and on the 16th of August 1838, entered into a bond with the…
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ERROR to the Common Pleas of York county. John Strickhouser and Adam Behler, administrators of Henry Strickhouser, deceased, against Jonathan Wolfram. ' The plaintiffs obtained a judgment in the Court of Common Pleas of York county for a debt of $405.62 against one Gustavus Wolfram, and afterwards, to November Term 1838, issued a capias ad satisfaciendum on the same, upon which the said Gustavus was arrested, and on the 16th of August 1838, entered into a bond with the defendant as his surety, conditioned that the said Gustavus should appear at the next term of the said court, and then and…
1Opinion of the Court
*381The opinion of the Court was delivered by
Rogers, J.
The bond, on which the suit is brought, is in conformity to the Act of the 16th of June 1836,' entitled an Act relating to insolvent debtors, and the doubt is, whether the obligors have performed its conditions. It is ruled in Kelly v. Stepney, (4 Watts 69,) that the suretyship in an insolvent bond, not being in the nature of special bail, but an absolute undertaking, the surrender of the principal before the day of appearance, will not discharge the bail from his obligation. There the principal was surrendered, by his bail before the…
2Cases cited1 opinion
- Kelly v. StepneySupreme Court of Pennsylvania · 1835
3Cited by5 opinions
- Frick v. KitchenSupreme Court of Pennsylvania · 1842
- Greenwaldt v. KrausSupreme Court of Pennsylvania · 1892
- Rowand v. SmileySupreme Court of Pennsylvania · 1880
- Potter v. NormanSupreme Court of Pennsylvania · 1807
- Wolfe v. McDevittSuperior Court of Pennsylvania · 1917