Clark v. Morss
Pennsylvania Court of Common Pleas, Wayne County
No. 82 January Term 1891, Sup. Ct.; court below, No. 41 March Term 1887, C. P. On March 15, 1887, judgment was entered in favor of Eben H. Clark, to use of B. K. Bortree and Matilda Bortree, his wife, in right of the wife, Dr. F. E. Bortree and Henry Bortree, against L. W. Morss and J. M. Fanning, upon a bond executed by the defendants, of date September 10, 1883, to Eben H. Clark, high sheriff of the county of Wayne, in the sum of twelve hundred dollars, concluding as…
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No. 82 January Term 1891, Sup. Ct.; court below, No. 41 March Term 1887, C. P. On March 15, 1887, judgment was entered in favor of Eben H. Clark, to use of B. K. Bortree and Matilda Bortree, his wife, in right of the wife, Dr. F. E. Bortree and Henry Bortree, against L. W. Morss and J. M. Fanning, upon a bond executed by the defendants, of date September 10, 1883, to Eben H. Clark, high sheriff of the county of Wayne, in the sum of twelve hundred dollars, concluding as follows: “ The condition of this obligation is such that if the said bounden L. W. Morss shall be and appear before the…
1Opinion of the Court
Opinion,
Mr. Justice McCollum:
The appellants attack the original judgment in this case on two grounds. They contend, first, that the bond was invalid because it contained a warrant of attorney to confess judgment; and, second, that it was not forfeited at the time judgment was entered upon it. In support of their claim they refer to the record of the suit in which the bond was given, and to the eleventh section of the act of March 21, 1772, 1 Sm. L. 373. The record to which reference is made shows a verdict in favor of the defendants on the sixteenth of May, 1884, and a judgment on the verdict…
2Cases cited3 opinions
- Gibbs v. BartlettSupreme Court of Pennsylvania · 1841
- Balsley v. HoffmanSupreme Court of Pennsylvania · 1850
- Pittsburgh National Bank of Commerce v. HallSupreme Court of Pennsylvania · 1884
3Cited by5 opinions
- Commonwealth v. ClipshamSuperior Court of Pennsylvania · 1901
- Clement v. CourtrightSuperior Court of Pennsylvania · 1898
- Commonwealth v. GouldSuperior Court of Pennsylvania · 1912
- Commonwealth v. KeenanSupreme Court of Pennsylvania · 1910
- Hershey v. McLaughlinSuperior Court of Pennsylvania · 1901