Legal Opinion

Dyott v. Commonwealth

Supreme Court of Pennsylvania

Decided December 26, 1839PublishedCited by 7 opinions

1ST ERROR. This was a writ of error to the Court of Criminal Sessions for the City and County of Philadelphia, to remove the record of an indictment against Thomas W. Dyott, for fraudulent insolvency. The record exhibited the following state of facts. On the 15th of February, 1839, Judge Todd issued the following precept to the clerk of the Court. “ City and County of Philadelphia, ss. To the Clerk of the Court of Criminal Sessions for the City and County of Philadelphia.

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1ST ERROR. This was a writ of error to the Court of Criminal Sessions for the City and County of Philadelphia, to remove the record of an indictment against Thomas W. Dyott, for fraudulent insolvency. The record exhibited the following state of facts. On the 15th of February, 1839, Judge Todd issued the following precept to the clerk of the Court. “ City and County of Philadelphia, ss. To the Clerk of the Court of Criminal Sessions for the City and County of Philadelphia. You are hereby ordered to issue to the sheriff and commissioners of the county of Philadelphia, a writ or writs,…

1Opinion of the Court

The opinion of the Court was delivered by

Huston, J.

The act relating to insolvent debtors, passed the 16th of June, 1836, among other things, provides as follows:

“ Sect. 42. If it shall appear to the Court, upon the hearing of any petition as aforesaid, either by the examination of the petitioner, or other evidence, that there is just ground to believe either—
“ 1st. That the insolvency of the petitioner arose from losses by gambling; or by the purchase of lottery tickets; or,
“ 2d. That such petitioner has embezzled, or applied to his own use any money or other property with which he had been…

2Cited by7 opinions

  1. Brown v. CommonwealthSupreme Court of Pennsylvania · 1874
  2. Commonwealth v. GrossSuperior Court of Pennsylvania · 1947
  3. Rolland & Johnston v. CommonwealthSupreme Court of Pennsylvania · 1876
  4. Commonwealth v. Magid and DicksteinSuperior Court of Pennsylvania · 1927
  5. Commonwealth v. James HallSuperior Court of Pennsylvania · 1926

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