Estate of Gleeson
Supreme Court of Pennsylvania
Appeal, No. 34, Jan. T., 1899, by Cornelius Gleeson, from decree of O. C. Phila. Co., July T., 1898, No. 218, dismissing exceptions to adjudication. Exceptions to adjudication.
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Appeal, No. 34, Jan. T., 1899, by Cornelius Gleeson, from decree of O. C. Phila. Co., July T., 1898, No. 218, dismissing exceptions to adjudication. Exceptions to adjudication. The auditing judge, Ashman, J., stated the facts to be as follows: On behalf of Mary K. L. Black, a claim was submitted in the sum of $3,500 upon a bond to prosecute an appeal with effect from a judgment in ejectment in the United States circuit court of October sessions, 1893, in which bond the decedent was a surety. The bond was in $5,000, to Mary K. L. Black, the plaintiff in the original suit, conditioned that the…
1Opinion of the Court
Opinion by
Mb. Justice Green,
This court has so frequently decided that the omission of one of several obligors in a bond, to join in the execution of the bond, although named as an obligor in the body of the instrument, is no defense to the obligors who did sign, that the question must be considered as settled. In Keyser v. Keen, 17 Pa. 327, the action was brought against one of six obligors as named in the bond, though five only had signed, and the instrument was a bond of indemnity to indemnify the obligee against loss for having become surety for a deputy sheriff on his bond to the sheriff.…
2Cases cited9 opinions
- Kountze v. Omaha Hotel Co.Supreme Court of the United States · 1883
- Whitaker v. RichardsSupreme Court of Pennsylvania · 1890
- Morrison v. RobinsonSupreme Court of Pennsylvania · 1858
- Simpson's v. BovardSupreme Court of Pennsylvania · 1874
- Roberts v. CooperSupreme Court of the United States · 1856
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- John Hancock Mut. Life Ins. v. HurleyCourt of Appeals for the First Circuit · 1945
- Commonwealth v. GouldSuperior Court of Pennsylvania · 1912
- Commonwealth v. Olloman, Pennsylvania Court of Common Pleas, Washington County1934
- Jelicanin v. McGarr, Pennsylvania Court of Common Pleas, Northampton County1922
- King v. Van Sciver, Pennsylvania Court of Common Pleas, Montgomery County1950
1 more not listed; retrieve them via the Exa API.