Stanko v. Bianucci
Superior Court of Pennsylvania
Appeal, No. 16, April T., 1920, by defendant, from judgment of C. P. Butler County, December T., 1918, No. 67, for want of a sufficient affidavit of defense in tbe case of Frank Stanko v. Frank Bianucci and Charles Bianucci. Assumpsit on recognizance. Before Reiber, P. J. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in tbe opinion of tbe Superior Court.
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Appeal, No. 16, April T., 1920, by defendant, from judgment of C. P. Butler County, December T., 1918, No. 67, for want of a sufficient affidavit of defense in tbe case of Frank Stanko v. Frank Bianucci and Charles Bianucci. Assumpsit on recognizance. Before Reiber, P. J. Rule for judgment for want of a sufficient affidavit of defense. The facts are stated in tbe opinion of tbe Superior Court. Tbe court made absolute tbe rule for judgment for want of a sufficient affidavit of defense. Defendants appealed. Error assigned was tbe order of tbe court.
1Opinion of the Court
Opinion by
Trexler, J.,
Plaintiff in this case recovered a judgment in an action of trespass against Frank Bianucci and a capias *510having been issued the defendant with a surety entered into a bond under the provisions of the insolvent laws and was discharged from custody. The condition of the bond was “That the said Frank Bianucci shall be and appear before the Court of Common Pleas of Butler County on the first Monday of September, 1918, and then and there present his petition to said court for the benefit of the insolvent laws of this Commonwealth and comply with all the requisitions of said…
2Cases cited6 opinions
- Scully v. KirkpatrickSupreme Court of Pennsylvania · 1875
- Horton v. MillerSupreme Court of Pennsylvania · 1861
- Bartholomew's Administrator v. BartholomewSupreme Court of Pennsylvania · 1865
- McDonough's CaseSupreme Court of Pennsylvania · 1860
- Bailie v. WallaceSupreme Court of Pennsylvania · 1840
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