Stroop v. Gross
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Perry county. Daniel Gross, executor of Alexander Gross, who was the guardian of the minor children of William Ogle, deceased, and now for the use of Jacob Steel, guardian of said minors, against George Stroop and Samuel Creigh. This was a scire facias against the plaintiffs in error, as absolute bail of John D. Creigh, in a judgment at the suit of the defendants in error.
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ERROR to the Common Pleas of Perry county. Daniel Gross, executor of Alexander Gross, who was the guardian of the minor children of William Ogle, deceased, and now for the use of Jacob Steel, guardian of said minors, against George Stroop and Samuel Creigh. This was a scire facias against the plaintiffs in error, as absolute bail of John D. Creigh, in a judgment at the suit of the defendants in error. The scire facias recites a judgment of defendant in error against John D. Creigh, at August Term 1838, for $511.47 debt, and $7.30 costs; and a recognizance entered into by plaintiffs in error,…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
I am inclined to think, that the 77th section of the Act of the 14th of April 1834, which enables prothonotaries and clerks of the several courts of the commonwealth to take bail in civil actions, depending in the respective courts, does not authorize them to take recognizances for stay of execution. This power is regulated by the Act of 1806, enlarged by the 4th section of the Act of the 16th of June 1836. It was the practice throughout the state for the prothonotary to take the security for the stay of execution, under the first act,…
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