Bodine v. Commonwealth
Supreme Court of Pennsylvania
Error to the Common Pleas of Venango county. This was a scire facias in the name of The Commonwealth of, Pennsylvania v. Isaac Bodine, on the recognisance of Titus Losey and himself, for the appearance, at the April sessions, 1853, of the Court of Quarter Sessions of Venango County, of Losey, who was charged with passing counterfeit money.
Read the full summary
Error to the Common Pleas of Venango county. This was a scire facias in the name of The Commonwealth of, Pennsylvania v. Isaac Bodine, on the recognisance of Titus Losey and himself, for the appearance, at the April sessions, 1853, of the Court of Quarter Sessions of Venango County, of Losey, who was charged with passing counterfeit money. Losey was arrested on the second day of the January sessions; and, on motion of his counsel, the case was continued 'till the April sessions. The .docket entry was, inter alia, as follows :— , 29th April, 1853. Jury came into Court, whereupon defendant was…
1Opinion of the Court
The opinion of the Court was delivered by
Woodward, J.
The plea of nul tiel record, was sustained if the recognisance was void. But why was it void? Because, says the plaintiff in error, it was taken by the clerk of the sessions, who had no power to admit to bail. But the record shows that it was taken in term time, and we presume it to have been the act of the .Court — the clerk being their instrument only. Omnia praesumuntur rite esse acta. Nor do the words “ taken and acknowledged before me,” and signed by the clerk, negative this presumption, for they were. unnecessary words, and may be…
2Cases cited1 opinion
- Respublica v. CobbetSupreme Court of Pennsylvania · 1798
3Cited by4 opinions
- Commonwealth v. BarrettSupreme Court of Pennsylvania · 1931
- Commonwealth Ex Rel. Gill v. Smith & Massachusetts Bonding & InsuranceSuperior Court of Pennsylvania · 1929
- Commonwealth v. SavageSuperior Court of Pennsylvania · 1906
- Commonwealth, to Use v. Davis (Et Al.)Superior Court of Pennsylvania · 1936