Saunders v. Quigg
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term, 1886, No. 122. Debt by Oscar P. Saunders and Sarah J. his wife, in right of said wife against John Scott, Andrew Gailey and William Quigg. Pending the suit Sarah J. Saunders died, and her executor, Oscar P. Saunders, was substituted.
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Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term, 1886, No. 122. Debt by Oscar P. Saunders and Sarah J. his wife, in right of said wife against John Scott, Andrew Gailey and William Quigg. Pending the suit Sarah J. Saunders died, and her executor, Oscar P. Saunders, was substituted. The plaintiff declared upon the bond of Quigg in which Scott and Gailey were sureties, given by Quigg for his appearance to file his petition for the benefit of the insolvent laws. The declaration contained two counts as follows: First count sets forth the bond and its conditions,…
1Opinion of the Court
The opinion of the court was delivered April 19th, 1886.
2Per curiam
The surrender Joy the insolvent of himself to jail was a valid surrender. It was a strict compliance with the alternative condition of the bond. No objection was made to the sufficiency of the jurat when the petition was presented, and no motion at any time was made to dismiss the petition loy reason of any alleged defect therein. After it has answered its purpose, and the obligee in the bond, based on the validity of the petition, has accepted the bond and brought suit thereon, it is too late for such an obligee to recover by showing…
3Cited by13 opinions
- Williams v. Thacker Coal & Coke Co.West Virginia Supreme Court · 1898
- Algoma Coal & Coke Co. v. AlexanderWest Virginia Supreme Court · 1950
- Keim v. SaundersSupreme Court of Pennsylvania · 1888
- Stout v. QuinnSuperior Court of Pennsylvania · 1899
- Greenwaldt v. KrausSupreme Court of Pennsylvania · 1892
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