Fritts v. Doe
Supreme Court of Pennsylvania
Error to the Common Pleas of Erie county. This was an action of debt by Sidney Doe v. Reuben, Peter, and John Fritts. It was brought on the insolvent bond of Reuben Fritts, in which the other defendants were sureties.
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Error to the Common Pleas of Erie county. This was an action of debt by Sidney Doe v. Reuben, Peter, and John Fritts. It was brought on the insolvent bond of Reuben Fritts, in which the other defendants were sureties. The bond was dated January 16, 1851, and was conditioned for the application by Reuben Fritts for the benefit of the insolvent laws under the Act of 12th July, 1842. His petition was filed on the 4th February, 1851, and the 4th Monday of April was fixed for the hearing. Objection was made that the oath to the petition had been made before the prothonotary without it appearing to…
1Opinion of the Court
The opinion of the Court was delivered by
Knox, J.
This case differs from Detwiler v. Casselberry, 5 W. & Ser. 179, in this: There the Court dismissed the application for the benefit of the insolvent laws, for the reason that the oath was taken before the próthonotary; and this was held to be a forfeiture of the bond. Here the affidavit to the petition, as originally filed, was taken before the same officer, and for this the Court was about to dismiss the petition; but, upon being satisfied that the oath was in fact taken in open Court, a new affidavit, properly administered, was permitted to…
2Cited by1 opinion
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