McGovern v. Hoesback
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county. This was an action of debt by John Hoesback against Thomas McGovern and George Fisher. \ McGovern having been arrested at the suit of Hoesback, was discharged by the order of court, upon giving bond to Hoesback in the penalty of $500, conditioned for his appearance at the next court, and presenting his petition for the benefit of the insolvent laws.
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Error to the Court of Common Pleas of Allegheny county. This was an action of debt by John Hoesback against Thomas McGovern and George Fisher. \ McGovern having been arrested at the suit of Hoesback, was discharged by the order of court, upon giving bond to Hoesback in the penalty of $500, conditioned for his appearance at the next court, and presenting his petition for the benefit of the insolvent laws. McGovern having presented his petition regularly, the court appointed the 15th day of April 1865 for a hearing, due notice of which was given to the plaintiff. McGovern a ¡qpear ed at that…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C.J.
Two objections were taken to the admission of the insolvent bond in evidence, both of which were groundless. The first, that it was not proved, was answered by the fact that a copy of it was filed with the precipe, and no sworn plea of non est factum was put in by the defendants. Under the rule of *179court this entitled the plaintiff to give the bond in evidence without proof of execution.
As to the second objection, that the bond was not stamped, it is sufficient to say that the Stamp Act exempts from duty all bonds that are made necessary…
2Cited by3 opinions
- Ohio River Junction Railroad v. Pennsylvania Co.Supreme Court of Pennsylvania · 1909
- Plunkett v. HanschkaSouth Dakota Supreme Court · 1901
- Morris v. McMorrisMississippi Supreme Court · 1870