Snyder v. Leibengood
Supreme Court of Pennsylvania
In error from the Common Pleas of Carbon county. Bee. 21. This was an action of debt against defendánt, as bail for-stay of execution which was removed by appeal into.ffhe Common Pleas.
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In error from the Common Pleas of Carbon county. Bee. 21. This was an action of debt against defendánt, as bail for-stay of execution which was removed by appeal into.ffhe Common Pleas. On the trial before Kidder, P. J., the plaintiff conceding there was no recognisance, claimed to recover as on a common law obligation. .The-plaintiff proved a judgment recovered-against Charles Snyder--before a justice on the 21st of April, 1843, and an entry on the docket as follows: “ May 6. Thomas Snyder sent in my office an order dated May 4th, 1843, agreeing to be bound security in the above judgment for…
1Opinion of the CourtBell, J.
It is conceded that the written engagement of the plaintiff in error, dated May 4, 1843, cannot be considered orltreated as a statutory recognisance. Since the decisions of the court cited on the argument, the propriety of this concessioncannot be questioned. B.ut admitting this, the court below decided that the engagement enured to the benefit of the plaintiff below, as a common law obligation, and, taking the case out of the hands of the jury, instructed them that, on the undisputed facts, he was entitled to recover. In this, we think, there was error. So. far as this case is exhibited by…
2Cases cited3 opinions
- Clark v. RusselSupreme Court of Pennsylvania · 1834
- Rhoads v. FrederickSupreme Court of Pennsylvania · 1839
- Koons v. SewardSupreme Court of Pennsylvania · 1839
3Cited by1 opinion
- Commonwealth v. BarfodPhiladelphia County Court of Quarter Sessions · 1945