Marks v. Willenski
Superior Court of Pennsylvania
Appeal, No. 161, Oct. T.,/1905, by defendant, from order of O.'P. No. 4, Phila. Co., Jnne/T., 1904, No. 5,335, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Israel J. Marks v. Charles Willenski and Adolph Mark. Assumpsit upon a bond. Rule for judgment for want of a sufficient jaffi davit of defense. / The facts appear by the opinion of the Superior Court.
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Appeal, No. 161, Oct. T.,/1905, by defendant, from order of O.'P. No. 4, Phila. Co., Jnne/T., 1904, No. 5,335, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Israel J. Marks v. Charles Willenski and Adolph Mark. Assumpsit upon a bond. Rule for judgment for want of a sufficient jaffi davit of defense. / The facts appear by the opinion of the Superior Court. Error assigned was the order of the court, making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Rice, P. J.,
This is an appeal from a judgment for want of a sufficient affidavit of defense in an action upon an insolvent bond, in which the appellant, Adolph Mark, was surety, brought by IsraéNJ. Marks, the obligee in the bond. It appears that a judgment in an action of crim. con. was obtained against one Willenslai upon which a ca. sa. was issued by virtue of which Willenski was arrested. Thereupon he presented a petition and obtained a rule to show cause why he should not be discharged fro^n arrest upon his giving the bond in question. The petition and^proceedings were under…
2Cases cited6 opinions
- Saunders v. QuiggSupreme Court of Pennsylvania · 1886
- Bartholomew's Administrator v. BartholomewSupreme Court of Pennsylvania · 1865
- Commonwealth v. GrimesSupreme Court of Pennsylvania · 1887
- Frick v. KitchenSupreme Court of Pennsylvania · 1842
- McDonough's CaseSupreme Court of Pennsylvania · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Stanko v. BianucciSuperior Court of Pennsylvania · 1920