Commonwealth v. Allen
Superior Court of Pennsylvania
Appeal, No. 67, April T., 1896, by Elmer Allen, the defendant, from judgment of C. P. No. 1, Allegheny Co., No. 815, Sept. T., 1895, entering judgment for the plaintiff, the commonwealth of Pennsylvania, for use of Maud Bell Scott and all others entitled to intervene plaintiff, for want of a sufficient affidavit of defense.
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Appeal, No. 67, April T., 1896, by Elmer Allen, the defendant, from judgment of C. P. No. 1, Allegheny Co., No. 815, Sept. T., 1895, entering judgment for the plaintiff, the commonwealth of Pennsylvania, for use of Maud Bell Scott and all others entitled to intervene plaintiff, for want of a sufficient affidavit of defense. Assumpsit on bond to the commonwealth of Pennsylvania conditioned that one John H. Doyle should appear at the nex: term of the court of common pleas, Allegheny county, and present his petition for the benefit of the insolvent laws, etc. The defendant was the surety on said…
1Opinion of the Court
Opinion by
Wickham, J.,
(after stating the
facts as above) :
The surety on the bond, who is the appellant here, contends: First, that Maud Bell Scott, not having obtained an assignment of the bond, has no interest therein and cannot use the name of the commonwealth in bringing suit against the obligor. A sufficient answer to this will be found in Com. v. Snyder, 1 Super. Ct. 286, where a similar question was raised and decided. The court say in that case: “ The mode of proceeding on bonds given to the commonwealth by public officers and persons executing private trusts by legal appointment is…
2Cases cited2 opinions
- Philippi v. CommonwealthSupreme Court of Pennsylvania · 1851
- Commonwealth v. GrimesSupreme Court of Pennsylvania · 1887
3Cited by2 opinions
- Lehigh County v. GosslerSuperior Court of Pennsylvania · 1904
- Commonwealth v. SingerSuperior Court of Pennsylvania · 1906