Fetterman v. Hopkins
Supreme Court of Pennsylvania
ERROR to the common pleas of Alleghany county. T. and J. Hopkins against W. W. Fetterman, by scire facias sur' recognizance. The plaintiffs had issued a foreign attachment against John Rice, requiring bail in 1500 dollars, which was reduced by Judge Shaler to 500 dollars. The defendant in this suit then entered into the necessary recognizance in that sum, the plaintiffs’ attorney having made an affidavit, that the debt due was less than 500 dollars.
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ERROR to the common pleas of Alleghany county. T. and J. Hopkins against W. W. Fetterman, by scire facias sur' recognizance. The plaintiffs had issued a foreign attachment against John Rice, requiring bail in 1500 dollars, which was reduced by Judge Shaler to 500 dollars. The defendant in this suit then entered into the necessary recognizance in that sum, the plaintiffs’ attorney having made an affidavit, that the debt due was less than 500 dollars. The cause was tried and a verdict and judgment rendered for the plaintiff for 494 dollars and 14 cents, and costs, which amounted in the whole to…
1Opinion of the Court
Per. Curiam.
The British cases are not conclusively applicable to questions like the present. In the king’s bench, the bail are relieved on payment of the sum sworn to; while in the common pleas, their responsibility was, till lately, commensurate with the recognizance. The subject being within the equitable discretion of the court, is disposed of there, and might be so here, by rules of practice. But neither there nor here, has the plaintiff been restrained to less than the penalty, when the amount of the bail had been fixed by the court. It was not so fixed here; but, what is the same, it…
2Cited by2 opinions
- Kimball, Raymond & Co. v. Alcorn & FisherMississippi Supreme Court · 1871
- People ex rel. Devlin v. PeabodyNew York Supreme Court · 1858