Commonwealth v. Bryan
Supreme Court of Pennsylvania
In ERROR. ERROR to the District Court for the city and county Gf Philadelphia. This action was brought against Sarah Billington, Thomas. Billington, Guy Bryan, and Robert Kid, on an adminis4 tration bond. Sarah. Billington and Thomas Billington, who were both dead, were the administrators of Thomas Billing-ton the elder, and Bryan and Kid were their sureties.
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In ERROR. ERROR to the District Court for the city and county Gf Philadelphia. This action was brought against Sarah Billington, Thomas. Billington, Guy Bryan, and Robert Kid, on an adminis4 tration bond. Sarah. Billington and Thomas Billington, who were both dead, were the administrators of Thomas Billing-ton the elder, and Bryan and Kid were their sureties. The suit was brought in the District Court for the city and county of Philadelphia ; and, on the trial, two questions were made, on which the President of the Court delivered his opinion in his charge to the jury. of the administrators…
1Opinion of the Court
The opinion of the Court was delivered by
Tilghman C. J.
The Act of the 19th of April, 1794, under which this bond was taken, prescribes the form of the condition, and expressly declares that an inventory is to be exhibited within one month, and an account settled within one year, from the date of the bond. If, therefore, we are to pay any regard to the positive injunction of the Act of Assembly, or to the words of the condition of this bond, which was taken as prescribed by the Act,' the bond was forfeited. But, in answer to this, it is said by the defendants’ counsel, that the practice has…
2Cited by2 opinions
- Stewart v. MoodySupreme Court of Pennsylvania · 1835
- Commonwealth v. PattersonSupreme Court of Pennsylvania · 1839