Thornton v. Bonham
Supreme Court of Pennsylvania
Error to the Common Pleas of Bucks county. Dec. 24. — The plaintiff took judgment by default, in foreign attachment, for the penalty of a bond to the sheriff for appearance, and issued scire facias against the garnishee. The court charged he could not recover, not having ascertained the true amount due on the judgment.
1Opinion of the CourtSergeant, J.
— It would seem that this action is on a bond for the performance of a written agreement, within the provisions of the act of 14th June, 1836 ; and there being no power given, by statute, to grant summary or equitable relief, it follows, that judgment having been rendered by default for the penalty, the plaintiff ought to have the damages he had sustained by reason of the breach of the condition to appear, assessed by writ of inquiry, before issuing his scire facias against the garnishee. O’Neal v. O’Neal, 4 Watts & Serg. 130. It seems, also, that he may take advantage of this objection, on…
2Cases cited2 opinions
- O'Neal v. O'NealSupreme Court of Pennsylvania · 1842
- Pancake v. HarrisSupreme Court of Pennsylvania · 1823
3Cited by2 opinions
- Melloy's Sons v. Deal & BurtisSupreme Court of Pennsylvania · 1889
- Keystone Brewing Co. v. CanavanSupreme Court of Pennsylvania · 1908