Clark v. M'Comman
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Erie county. Perry M’Comman against James Clark. This was a scire facias upon a recognizance alleged to have been entered into by James Clark, the defendant, in a certain action of debt by Perry M’Com-man against James Dunn, to entitle the defendant to a stay of execution. The defendant pleaded nul tiel record, nil debet and payment. The plaintiff gave in evidence the recognizance as taken by the justice.
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ERROR to the Common Pleas of Erie county. Perry M’Comman against James Clark. This was a scire facias upon a recognizance alleged to have been entered into by James Clark, the defendant, in a certain action of debt by Perry M’Com-man against James Dunn, to entitle the defendant to a stay of execution. The defendant pleaded nul tiel record, nil debet and payment. The plaintiff gave in evidence the recognizance as taken by the justice. The defendant then offered to prove by the justice himself that the defendant in this suit was not present when the entry of bail for the stay of execution was…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
This was a scire facias on a recognizance of bail taken by a justice of the peace to obtain the stay of an execution on a judgment. The case came before the Court of Common Pleas on an appeal from the decision of the justice. On the trial, the defence was that the recognizor was not present when the entry of bail for the stay of execution was made; that it was entered on a note or memorandum in writing, purporting to be signed by the defendant, in the handwriting of another person, without his knowledge or consent. This the defendant offered…
2Cases cited4 opinions
- Coffman v. HamptonSupreme Court of Pennsylvania · 1841
- Gest v. WaySupreme Court of Pennsylvania · 1837
- Morris v. GalbraithSupreme Court of Pennsylvania · 1839
- Withers v. LivezeySupreme Court of Pennsylvania · 1841
3Cited by15 opinions
- Holly v. TravisSupreme Court of Pennsylvania · 1920
- Taylor v. Tudor & FreeSuperior Court of Pennsylvania · 1923
- Ex parte DavisSupreme Court of Alabama · 1891
- Taylor v. TudorSuperior Court of Pennsylvania · 1924
- United States v. EldredgeUtah Supreme Court · 1887
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