Legal Opinion

Hawk v. Geddis

Supreme Court of Pennsylvania

Decided May 29, 1827PublishedCited by 1 opinion

IN ERROR. On a writ of error to the Court of Common Pleas of Lebanon county, it appeared that this was an action of debt on two bonds, given by Adam, Hawk and Michael Hawk to Robert Geddis, Samuel Casper, and John Wolfersberger, administrators of John Casper, deceased, dated the 3d of April, 1810; the first conditioned for the payment of four hundred and seventy pounds, one shilling, and four pence, on the 1st of April, 1814; the other for the payment of a like sum on the…

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IN ERROR. On a writ of error to the Court of Common Pleas of Lebanon county, it appeared that this was an action of debt on two bonds, given by Adam, Hawk and Michael Hawk to Robert Geddis, Samuel Casper, and John Wolfersberger, administrators of John Casper, deceased, dated the 3d of April, 1810; the first conditioned for the payment of four hundred and seventy pounds, one shilling, and four pence, on the 1st of April, 1814; the other for the payment of a like sum on the 1st of April, 1815. The defendants in error, Robert Geddis and Samuel Casper, who survived John Wolfersberger, were…

1Opinion of the Court

The opinion of the court was delivered by

Duncan, J.

It will be best to consider the offers made by the defendant below, as one connected chain of evidence, as he contends that they proved a series of circumstances and transactions which, in equity, would compel the obligees to proceed against the land, in the first instance, and not against him until that fund was exhausted.

*28As to the alleged want of notice of this special matter, it was not made an objection below, when it was moved, and cannot now be made. Our courts of law have, by the instrumentality of a jury, long exercised chancery…

2Cases cited2 opinions

  1. Hayes v. WardNew York Court of Chancery · 1819
  2. Decamp v. FeaySupreme Court of Pennsylvania · 1819

3Cited by1 opinion

  1. Ellmaker's Executors v. Franklin Fire Ins.Supreme Court of Pennsylvania · 1847

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