Legal Opinion

Rhoads v. Commonwealth

Supreme Court of Pennsylvania

Decided March 10, 1851PublishedCited by 6 opinions

Error to the Common Pleas of Philadelphia. This was an action of debt in the name of the Commonwealth against Andrew Rhoads, on a recognizance, entered into by Rhoads and Rodney Eaton before Richard Yaux, Esq., Recorder of the City of Philadelphia, as follows:—■ City of Philadelphia, ss.

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Error to the Common Pleas of Philadelphia. This was an action of debt in the name of the Commonwealth against Andrew Rhoads, on a recognizance, entered into by Rhoads and Rodney Eaton before Richard Yaux, Esq., Recorder of the City of Philadelphia, as follows:—■ City of Philadelphia, ss. We, Rodney Eaton and Andrew Rhoads, do jointly and severally acknowledge ourselves indebted to the commonwealth of Pennsylvania in the sum of five thousand dollars of good and lawful money, to be levied on our or either of our goods and chattels, lands and tenements, to the use of said commonwealth, if…

1Opinion of the Court

The opinion of the court was delivered by

Gibson, C. J.

The exceptions in this case are so diversified that it is difficult to deal with the argument in support of them; and if some of the heads of it have escaped our attention, the omission is to be attributed to their own refinement. They seem to be : 1. That the plea of nul tied record was tried by the jury. 2. That the forfeiture of the recognizance was not recorded when suit was brought for it. 3. That the magistrate had no authority to certify the acknowledgment of it. 4. That it was taken in a prosecution for a crime unknown to the law.

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2Cited by6 opinions

  1. Happy Coal Co. v. BrashearCourt of Appeals of Kentucky (pre-1976) · 1935
  2. Commonwealth v. HillSupreme Court of Pennsylvania · 1898
  3. Commonwealth v. StambaughSuperior Court of Pennsylvania · 1903
  4. Commonwealth v. HarveySupreme Court of Pennsylvania · 1908
  5. Commonwealth v. MeeserSuperior Court of Pennsylvania · 1902

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