Stewart v. Moody
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin county. This was an action of debt, founded on a recognizance, in which the Commonwealth for the use of John Stewart and wife was plaintiff ; and Joseph Moody, co-recognizor, with John Wallace and James Porter, were defendants.
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ERROR to the common pleas of Dauphin county. This was an action of debt, founded on a recognizance, in which the Commonwealth for the use of John Stewart and wife was plaintiff ; and Joseph Moody, co-recognizor, with John Wallace and James Porter, were defendants. The plaintiff’s wife was a creditor of J. W. Simonton, on a recognizance given by the latter as surety for John M’Cord, her guardian, who had not paid over to her the sum of 492 dollars 47 cents,, settled by a decree of the orphan’s court on the 2d of June 1827. The defendant was surety in a recognizance dated the 5tb of December…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
—The breach assigned in the declaration is in the words of the recognizance. The condition of the recognizance is, *171that the administrator shall truly account for, and pay over thé proceeds of sale as the court shall legally decree. The breach alleged is, not having truly accounted for and paid over the proceeds of such sale as the court would legally decree, and that the defendant had not paid to the commonwealth, for the use aforesaid, the money arising from such sale: and that plaintiff had not as yet obtained payment of said decree,…
2Cases cited2 opinions
- Commonwealth v. EvansSupreme Court of Pennsylvania · 1833
- Commonwealth v. BryanSupreme Court of Pennsylvania · 1822
3Cited by2 opinions
- Smith v. Commonwealth ex rel. McGarvySupreme Court of Pennsylvania · 1868
- Hamilton v. GlennSupreme Court of Pennsylvania · 1845