Legal Opinion

Wolfe v. McDevitt

Superior Court of Pennsylvania

Decided March 9, 1917No. Appeal, No. 200Published

Appeal, No. 200, Oct. T., 1916, by defendants, from judgment of O. P. Northumberland Co., Feb. T., 1915, for plaintiff, on case tried by the court without a jury in suit of Mamie M. Wolfe v. Columbus B. McDevitt et al. Assumpsit on an insolvent’s bond. The case was tried by Moser, J., without a jury. The facts are stated in the opinion of the Superior Court. Error assigned was in entering judgment for plaintiff.

1Opinion of the Court

Opinion by

Trexler, J.,

Columbus B. McDevitt was committed to jail by virtue of a ca. sa. issued on a judgment recovered against him on a suit for breach of promise to marry. He presented his petition under the Act of June 16, 1836, P. L. 729, praying to be discharged as an insolvent upon his giving a proper bond. The condition of the bond was as fol*545lows: “That if the said Columbus B. McDevitt shall appear at the next term of the Court of Common Pleas of said county, shall direct (sic) and then and there present his petition for the benefit of the insolvent laws of this Commonwealth, and comply…

2Cases cited12 opinions

  1. Potts v. Smith Manufacturing Co.Superior Court of Pennsylvania · 1904
  2. Saunders v. QuiggSupreme Court of Pennsylvania · 1886
  3. Miller v. JacksonSupreme Court of Pennsylvania · 1907
  4. Kelly v. StepneySupreme Court of Pennsylvania · 1835
  5. Marks v. Drovers' National BankSupreme Court of Pennsylvania · 1886

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