Allen v. Kellam
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Wayne county: Of January Term 1880, No. 292. Scire facias sur recognisance of bail in error by Peter Keliam against Martin B. Allen.
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Error to the Court of Common Pleas of Wayne county: Of January Term 1880, No. 292. Scire facias sur recognisance of bail in error by Peter Keliam against Martin B. Allen. Allen filed the following affidavit of defence :— “ That at the time of giving the recognisance upon which the above action is brought, the deponent did so with the assurance upon the part of the defendant in the suit in which the recognisance was given, that deponent should be indemnified against loss by reason of signing such recognisance. That such indemnity was not furnished to deponent. p That the deponent was the only…
1Opinion of the CourtJustice Sterrett
The Act of 1836, relating to bail in error, provides that execution shall not be stayed unless the plaintiff in such writ, or some one on his behalf with sufficient sureties, shall become bound by recognisance with condition to prosecute the writ of error with effect, &c. A recognisance with a single surety is not a supersedeas by mere operation of law, and the party in whose favor judgment has been entered in the court below may disregard it and proceed with his execution as though no recognisance had been given: Rheem v. Naugatuck Wheel Co., 9 Casey 356. But a recognisance defective in form…
2Cited by2 opinions
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