Legal Opinion

Mears v. Commonwealth

Supreme Court of Pennsylvania

Decided May 15, 1839Published

ERROR to the common pleas of Berks county. The Commonwealth for the use of Lewis Evans against Henry H. Mears and Riah Gilson. The plaintiff gave in evidence the assignment of John Evans, for the benefit of creditors to Henry Mears: the inventory filed by the assignee, and the bond of Henry H. Mears, with Riah Gibson as surety, and then called Elijah Deckert, Esq., as a witness, who testified as follows: “ I witnessed the bond. I drew it.

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ERROR to the common pleas of Berks county. The Commonwealth for the use of Lewis Evans against Henry H. Mears and Riah Gilson. The plaintiff gave in evidence the assignment of John Evans, for the benefit of creditors to Henry Mears: the inventory filed by the assignee, and the bond of Henry H. Mears, with Riah Gibson as surety, and then called Elijah Deckert, Esq., as a witness, who testified as follows: “ I witnessed the bond. I drew it. I told Mears to get two sureties, that the act of assembly required it. Mears and Gilson afterwards came to me and said they wished to execute that bond. I…

1Opinion of the Court

The opinion of- the Court was delivered by

Huston, J.

In the case of administrators, (and some others,) ■the enactment of the legislature requires bonds, with a specified number of sureties to be given, before letters of administration are issued by the register, and the law declares'the letters of administration void, unless such bond be given. In that case, and perhaps jn all cases, where a bond is held to be wholly void for informality, there is some officer appointed, by whom it is to be taken, and whose duty it is to see that it is in all respects conformable to law. The law, requiring…

2Cases cited6 opinions

  1. Sharp v. United StatesSupreme Court of Pennsylvania · 1835
  2. United States v. HowellU.S. Circuit Court for the District of New Jersey · 1826
  3. United States v. MorganU.S. Circuit Court for the District of Pennsylvania · 1811
  4. M'Williams v. HopkinsSupreme Court of Pennsylvania · 1834
  5. Wright v. CraneSupreme Court of Pennsylvania · 1826

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