Kelly v. Stepney
Supreme Court of Pennsylvania
ERROR to the common pleas of York county. This was an action of debt on an insolvent bond by William Woods against Peter Stepney and Thomas Kelly, Esq., in which the following facts appeared.
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ERROR to the common pleas of York county. This was an action of debt on an insolvent bond by William Woods against Peter Stepney and Thomas Kelly, Esq., in which the following facts appeared. On the 24th of July 1834, William Woods, the plaintiff, took out execution on a judgment in his favour against Peter Stepney, on the docket of George Klinefelter, Esq. for 13 dollars debt and 60 cents costs; on which execution the said Peter was, on the same day, arrested, and filed his bond in common form, with Thomas Kelly, Esq. as his bail, to appear at the next court of common pleas to be held at…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
—No act of an obligor can exonerate him, but performance of his bond ; and the question is,- whether the surrender of the principal before the day of appearance, was performance of it. The condition of an insolvent’s bond is, that, he appear at the next court of common pleas for the county, and “then and there” take the benefit of the insolvent laws, or surrender himself to jail, failing to comply with the requirements necessary to be observed in order to be discharged ; and generally that he abide the order of the court. The surrender…
2Cited by9 opinions
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- Frick v. KitchenSupreme Court of Pennsylvania · 1842
- Greenwaldt v. KrausSupreme Court of Pennsylvania · 1892
- Rowand v. SmileySupreme Court of Pennsylvania · 1880
- Bowman v. Sharp & CarmanSupreme Court of Pennsylvania · 1837
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