Commonwealth v. Harvey
Supreme Court of Pennsylvania
Appeal, No. 5, May T., 1907, by defendant, from decree of C. P. Daupbin Co., March T., 1906, No. 79, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Commonwealth v. Frank Harvey and the Title Guaranty & Trust Company of Scranton, Pa. Assumpsit on a recognizance. Before Kunkel, P. J. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Supreme Court states the case.
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Appeal, No. 5, May T., 1907, by defendant, from decree of C. P. Daupbin Co., March T., 1906, No. 79, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Commonwealth v. Frank Harvey and the Title Guaranty & Trust Company of Scranton, Pa. Assumpsit on a recognizance. Before Kunkel, P. J. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Supreme Court states the case. Error assigned ivas rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The appellant entered into a recognizance for the appearance of Frank Harvey at the January Term,.1906, of the court of quarter sessions of Dauphin county. It was forfeited, and in this suit upon it the question of its breach cannot be raised. The court of quarter sessions’ decree of forfeiture is conclusive in the proceedings in the common pleas: Shriver v. Commonwealth, 2 Rawle, 206; Rhoads v. Commonwealth, 15 Pa. 272; Pierson v. Commonwealth, 3 Grant, 311; Commonwealth v. Basendorf, 153 Pa. 459.
By the Act of December 9, 1783, 2 Sm. L. 86, the courts of common…
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