Spalding v. Nolcott
Supreme Court of Pennsylvania
ERROR to Bradford county. Appeal from a justice of the peace, John Spalding against Erastus Nolcott. The plaintiff had obtained a judgment against Richard Elston, upon the docket of Justice Comstock, and Erastus Nolcott entered into a recognizance before the said justice, to entitle the defendant to a stay of execution for six months.
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ERROR to Bradford county. Appeal from a justice of the peace, John Spalding against Erastus Nolcott. The plaintiff had obtained a judgment against Richard Elston, upon the docket of Justice Comstock, and Erastus Nolcott entered into a recognizance before the said justice, to entitle the defendant to a stay of execution for six months. At the expiration of this period an execution was issued and returned, “ no property,” upon which a scire facias issued: and the question was whether the plaintiff upon these facts was entitled to recover. The court below (Herrick, President,) was of opinion…
1Per curiam
It will be found that the legislature have ever used the words special bail in their technical sense; as bail for the body instead of bail for the money. The distinction is strikingly evinced in the seventh section of the act of 1806, which gives a stay of execution on a judgment in court for thirty days, if the defendant enter security in the nature of special bail; and the further stay of a freeholder, if within the thirty days he enter security for the debt. The nineteenth section of the act of 1810, gives the defendant in a suit before a justice, a certain stay, if he be a freeholder or…
2Cases cited1 opinion
- Perlasca v. SparcellaSupreme Court of Pennsylvania · 1811
3Cited by1 opinion
- Clark v. RandallWisconsin Supreme Court · 1859