Mullen v. Wallace
Supreme Court of Pennsylvania
Certificate from the Court of Nisi Prius. This was an action of debt brought against John Wallace, defendant, and William M. Baird, his surety, on an insolvent bond given by said John Wallace, conditioned that he should appear at the then next term of the Court of Common Pleas of this county, and then and there take the benefit of the insolvent law, passed 16th June, 1886. A declaration was filed29th June, 1853, and on the 29th July, 1853, the defendants pleaded payment and…
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Certificate from the Court of Nisi Prius. This was an action of debt brought against John Wallace, defendant, and William M. Baird, his surety, on an insolvent bond given by said John Wallace, conditioned that he should appear at the then next term of the Court of Common Pleas of this county, and then and there take the benefit of the insolvent law, passed 16th June, 1886. A declaration was filed29th June, 1853, and on the 29th July, 1853, the defendants pleaded payment and performance of the conditions of the bond, with leave, &c. November 2, 1853, defendants further pleaded, that after the…
1Opinion of the Court
The opinion of the court was delivered March 12, 1855, by
Black, J.
— ’This is a suit on an insolvent bond. The petitioner, on the day that his discharge as an insolvent debtor was refused, offered in open court to surrender himself, and after-wards on the same day did go to prison, where he remained two. months, and was then released on giving another bond. The questions now to be decided are,
1. Did the surrender operate to discharge the surety, not being actually made in court, nor under any order of the court ?
*3912. Supposing it to be a legal surrender, and a compliance with the condition of the…
2Cited by2 opinions
- Rowand v. SmileySupreme Court of Pennsylvania · 1880
- Marks v. WillenskiSuperior Court of Pennsylvania · 1906