Commonwealth v. Lamar
Superior Court of Pennsylvania
Appeal, No. 252, Oct. T., 1905, by defendant, from order of C. P. Lebanon Co., Sept. T., 1905, No. 54, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Commonwealth v. Michael Lamar and J.ulius Barbini. Scire facias sur recognizance. Ehrgood, P. J., found the facts to be as follows: The writ of scire facias in this case has been served on only one of the defendants, J. A. Barbini.
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Appeal, No. 252, Oct. T., 1905, by defendant, from order of C. P. Lebanon Co., Sept. T., 1905, No. 54, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Commonwealth v. Michael Lamar and J.ulius Barbini. Scire facias sur recognizance. Ehrgood, P. J., found the facts to be as follows: The writ of scire facias in this case has been served on only one of the defendants, J. A. Barbini. A person by the name of Michael Lamar was arrested on a charge of larceny, and brought before an alderman, who, under said name, committed him to the county jail for a…
1Opinion of the Court
Opinion by
Rice, P. J.,
Tbe appellant’s statement of the question involved is as follows : “ Question of the sufficiency of an affidavit of defense to sci. fa. sur recognizance, which alleges that defendant never became surety for the principal named therein ; that the recognizance was forfeited on the first day of the term to which the principal was bound to appear; that the principal never signed the recognizance ; and that the recognizance was taken by the magistrate after the case had been returned to court.”
The statement that the affidavit of defense alleges that the defendant never became…
2Cases cited2 opinions
- Commonwealth v. BasendorfSupreme Court of Pennsylvania · 1893
- Moore v. CommonwealthSupreme Court of Pennsylvania · 1843
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