Bobyshall v. Oppenheimer
U.S. Circuit Court for the District of Eastern Pennsylvania
[At law. Action on a bail bond by Boby-shall and Sower, assignees of the marshal, against Oppenheimer, Hyneman, Levy, and Morris. Por prior proceedings, see Cases Nos. 1,589 and 1,590.] This was an action of debt brought upon' the bail bond given for the appearance of Oppenheimer, and assigned by the marshal to the plaintiff. See 4 Wash. C. C. 333 [Case No. 1,590]. The defendants plead comperuit ad diem.
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[At law. Action on a bail bond by Boby-shall and Sower, assignees of the marshal, against Oppenheimer, Hyneman, Levy, and Morris. Por prior proceedings, see Cases Nos. 1,589 and 1,590.] This was an action of debt brought upon' the bail bond given for the appearance of Oppenheimer, and assigned by the marshal to the plaintiff. See 4 Wash. C. C. 333 [Case No. 1,590]. The defendants plead comperuit ad diem. The cause was now called for trial before the court, to inspect the record, when it was objected by the defendants’ counsel that the cause is not at issue, there being no rejoinder, and the…
1Opinion of the CourtWashington, Circuit Justice
The pleadings in this case, except the declaration, are, according to the loose practice in this state, entered short; neither the plea nor replication being put into form. The plea of comperuit ad diem affirms, in substance, a legal appearance according to the condition of the bail bond, as will appear by the record. The replication denies that there is any such record, which make a complete issue, so that no rejoinder was necessary, or would have been proper. The objection is, that the replication gives the defendants no day to bring in the record, and is therefore defective. Admit for a…
2Cases cited1 opinion
- Bobyshall v. OppenheimerU.S. Circuit Court for the District of Eastern Pennsylvania · 1822