Brown v. Commonwealth

Thé summons requiring the defendant to show cause why the Commonwealth should not have judgment lor the amount of the forfeited recognizance was regularly executed on Brown, who failed to answer, or to “show cause” in any available *222mode or form why the forfeiture should not be enforced. The record shows, it is true, that, on the calling of the cause, he produced the respite of the Governor, but certainly the mere production of that paper constituted no defense to the action. The court was not bound, or even authorized, to take any judicial notice of the paper presented in that way. The…