Boggs v. Teackle
Supreme Court of Pennsylvania
THE defendant was arrested and held to bail by process out of the Common Pleas of Philadelphia county, in the year 1808, upon a note of hand for 1000 dollars,'drawn by him in the city of Washington on the 18th of March 1807, and payable there. The cause was removed to this Court, and verdict obtained on the 19ih of November 1811, in the plaintiffs’ favour, for 1222 dollars 37 cents, on which final J udgment was entered on the 13th of December following.
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THE defendant was arrested and held to bail by process out of the Common Pleas of Philadelphia county, in the year 1808, upon a note of hand for 1000 dollars,'drawn by him in the city of Washington on the 18th of March 1807, and payable there. The cause was removed to this Court, and verdict obtained on the 19ih of November 1811, in the plaintiffs’ favour, for 1222 dollars 37 cents, on which final J udgment was entered on the 13th of December following. A ca. sa, issued, returnable ,to March term last, which was re-non est Inventus; and a scire facias went against the special bail, returnable…
1Opinion of the Court
Tilghman C. J.
This is a motion on behalf of the bail of the defendant, for an exoneretur to be entered on the bail piece, on the ground of the principal having been discharged from his debts, by virtue of an act of assembly of the state of Maryland.
Several objections have been made to this motion by the plaintiff’s counsel; the first of which is, that it is too late, the bail having been previously fixed by the return of non est inventus to a ca. sa. against the principal. In support of this was cited the case of Woolley v. Cobb, 1 Burr. 244. Lord Mansfield, in delivering his opinion, does…
2Cases cited1 opinion
- Olcott v. LillyNew York Supreme Court · 1809
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- Strang v. BarberNew York Supreme Court · 1800
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