Commonwealth ex rel. Black v. Conard
Supreme Court of Pennsylvania
This cause was tried at Nisi Prius, at Philadelphia, in February, 1828, when a verdict was rendered for the plaintiff, subject to the opinion of the court upon the facts given in evidence, considered as a special verdict, whether or not the plaintiff was entitled to recover.
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This cause was tried at Nisi Prius, at Philadelphia, in February, 1828, when a verdict was rendered for the plaintiff, subject to the opinion of the court upon the facts given in evidence, considered as a special verdict, whether or not the plaintiff was entitled to recover. The case was this: John Conard was appointed prothonotary of the Supreme Court in' the year 1817, and on the Slst of December, in that year, gave a bond to the commonwealth, in the sum of four thousand five hundred dollars, with Joseph Barnes and Samuel C. Michlin as his sureties, conditioned that he should “well and…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.
By the bond, the money was made payable in one year, and in the warrant of attorney to confess judgment, was a proviso, that execution should not issue for one year from the date of the bond. It was decided, in Pennock v. Hart, 8 Serg. & Rawle, 369, that where the stay of execution was entered on the docket, the judgment continued for five years from the expiration of the stay of execution. If the prothonotary had added to the entry of the judg*251ment, the words, “ with stay of execution for one year,” the lien would not have been lost.
The…
2Cases cited1 opinion
- Pennock v. HartSupreme Court of Pennsylvania · 1822
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