Legal Opinion

Commonwealth v. Kean

Superior Court of Pennsylvania

Decided March 14, 1902No. Appeal, No. 68Published

Appeal, No. 68, Oct. T., 1901, by defendants, from order of C. P. No. 1, Phila. Co., June T., 1898, No. 194 J mating absolute rule for judgment for want of a sufficient affidavit of defense in case of Commonwealth to use of Welde & Thomas Brewing Company v. William C. Kean, Jr., and John F. Betz-, Appellants, who were sued with ' William Hay, as Defendants. Scire facias sur judgment.

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Appeal, No. 68, Oct. T., 1901, by defendants, from order of C. P. No. 1, Phila. Co., June T., 1898, No. 194 J mating absolute rule for judgment for want of a sufficient affidavit of defense in case of Commonwealth to use of Welde & Thomas Brewing Company v. William C. Kean, Jr., and John F. Betz-, Appellants, who were sued with ' William Hay, as Defendants. Scire facias sur judgment. Rule for judgment for want of a sufficient affidavit of defense, The affidavit of defense was as follows: It is true that on February 11, 1895, said defendants and William Hay executed a bond to the commonwealth…

1Opinion of the Court

Opinion by

Rice, P. J.,

In the final adjudication of the account by William Hay, ad*579ministrator of the estate of Arthur Godson, deceased, the sum of $200 was awarded to the Welde & Thomas Brewing Company, the present plaintiff; the sum of $615.33 was awarded to other creditors, amongst whom was Thomas Delahunty, and the balance, $1,501.19, was awarded to Charles Godson, the next of kin. The foregoing decree was made on February 1, 1897. These defendants were sureties on the administrator’s bond, which was in the sum of $1,200. In May, 1898, Thomas Delahunty brought suit on the bond in the name…

2Cases cited6 opinions

  1. Boyd v. CommonwealthSupreme Court of Pennsylvania · 1860
  2. Commonwealth ex rel. D. C. Hyde & Co. v. CopeSupreme Court of Pennsylvania · 1863
  3. Commonwealth ex rel. Stub v. StubSupreme Court of Pennsylvania · 1849
  4. Commonwealth v. RuhlSupreme Court of Pennsylvania · 1901
  5. Commonwealth ex rel. Delahanty v. KeanSuperior Court of Pennsylvania · 1900

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