Corson & Andrews v. McAfee ex rel. Shelly
Supreme Court of Pennsylvania
Error to the Common Pleas of Montgomery county. This was a scire facias sur recognisance of bail, by Lewis McAfee, to the use of Jacob Shelly, against Lawrence E. Corson and Joel W. Andrews. The material facts of the case are as follows: — Lewis McAfee, in April 1858, brought suit against Jacob L. Paxson, to May Term 1858, No. 115, and filed his narr. April 29th 1858, in which a due-bill purporting to have been signed by Jacob L. Paxson is set forth as the cause of action.
Read the full summary
Error to the Common Pleas of Montgomery county. This was a scire facias sur recognisance of bail, by Lewis McAfee, to the use of Jacob Shelly, against Lawrence E. Corson and Joel W. Andrews. The material facts of the case are as follows: — Lewis McAfee, in April 1858, brought suit against Jacob L. Paxson, to May Term 1858, No. 115, and filed his narr. April 29th 1858, in which a due-bill purporting to have been signed by Jacob L. Paxson is set forth as the cause of action. This suit was attended to by John R. Breitenbach, Esq., attorney for Mr. Paxson, who was absent. On the 31st of May 1858,…
1Opinion of the Court
The opinion of the court wa.s delivered, by
Lowrxe, C. J.
The defendants below are sued on their recognisance of bail for a stay of execution on a judgment, and no doubt they are released by terms of agreement for opening the judgment, if that agreement is valid as against Shelly, who now claims the right to the judgment. Whether it is or not, is the question to be decided.
There was no need of a jury trial in the case, for all the facts appear in the pleadings, though they are not so scientifically presented as to furnish a model of good pleading. They may be very briefly stated thus:—
After the…
2Cited by3 opinions
- Wherry ex rel. Rosensteel v. WherrySupreme Court of Pennsylvania · 1897
- Goller v. Wass's Administrator, Pennsylvania Court of Common Pleas, Somerset County1927
- Stalwart B. & L. Ass'n v. BorbeckSuperior Court of Pennsylvania · 1936