Pepper v. Doores
Pennsylvania Court of Common Pleas, Philadelphia County
THE decision in this case was upon the following facts, viz.: George Pepper issued a capias against William Taylor, on the 8th of April 1834, returnable to the May return day of March term 1834. Taylor obtained a discharge under the insolvent laws on the 16th of ApriL 1834, before which day, however, he had been arrested, and given bail to the sheriff, the present defendant, Doores, having executed the bond.
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THE decision in this case was upon the following facts, viz.: George Pepper issued a capias against William Taylor, on the 8th of April 1834, returnable to the May return day of March term 1834. Taylor obtained a discharge under the insolvent laws on the 16th of ApriL 1834, before which day, however, he had been arrested, and given bail to the sheriff, the present defendant, Doores, having executed the bond. No further step was taken till after June, September and Decern-ber terms of 1834, had entirely expired. Suit was then brought, viz., on the 8th of April 1835, by Pepper against Doores…
1Opinion of the Court
The opinion of the Court was delivered by
Pettit, President.
As some irregularity has recently found its way into the practice upon this subject, future difficulty may be prevented by our embracing the opportunity afforded by this case of briefly stating our views of the law.
The condition of the bond to the sheriff is, that the defendant shall appear before the court, at the return of the writ. This appearance is to be effected by the putting in and perfecting of special bail; and one of the rules of court gives the defendant a certain time (recently altered from four weeks to eight days) from…
2Cases cited4 opinions
- Boggs v. TeackleSupreme Court of Pennsylvania · 1812
- Bobyshall v. OppenheimerU.S. Circuit Court for the District of Eastern Pennsylvania · 1822
- Roop v. MeekSupreme Court of Pennsylvania · 1821
- King v. Bank of GettysburgSupreme Court of Pennsylvania · 1828