Commonwealth v. Hickey
Supreme Court of Pennsylvania
Appeal, No. 89, Oct. .T., 1895, by-plaintiff, from judgment of O. P. Armstrong Co., June T., 1894, No. 95, on verdict for defendants. Assumpsit on a bail bond. Before Rayburn, P. J. This was an action upon a recognizance alleged to have been taken and acknowledged before C. A. Scott, Esq., a justice of the peace, for the appearance of James Hickey to answer a criminal charge in the quarter sessions.
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Appeal, No. 89, Oct. .T., 1895, by-plaintiff, from judgment of O. P. Armstrong Co., June T., 1894, No. 95, on verdict for defendants. Assumpsit on a bail bond. Before Rayburn, P. J. This was an action upon a recognizance alleged to have been taken and acknowledged before C. A. Scott, Esq., a justice of the peace, for the appearance of James Hickey to answer a criminal charge in the quarter sessions. The affidavit of defense denied that this defendant had executed the recognizance or authorized any one to do so for him, and denied that he had been before the justice at all. At the trial…
1Opinion of the Court
Opinion by
Mr. Justice Green,
This was an action upon a recognizance for the appearance of Hickey to answer a criminal charge in the quarter sessions. On the trial the plaintiff made various offers of proof to support the allegation that Boyle, the responsible defendant, had actually entered into the recognizance upon which the action was founded. The affidavit of defense denied in the most absolute and positive terms that Boyle had ever, at any time, entered into any recognizance before C. A. Scott, Esq., who, it was alleged in the plaintiff’s claim, had taken the recognizance, for the…
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