Frost v. Roatch
Supreme Court of Pennsylvania
Error to the Common Pleas of Philadelphia County, in which court this was an appeal from the judgment of Alderman Binns in a suit before him by ffm. B. Roatch against John Frost, as special bail of or surety for one C. K. Frost. In the original suit before the alderman which was brought by Wm. B. Roatch against C. K. Frost, a judgment was given for the plaintiff in the sum of $41 85; and the following entry upon the alderman’s docket was signed by John Frost.
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Error to the Common Pleas of Philadelphia County, in which court this was an appeal from the judgment of Alderman Binns in a suit before him by ffm. B. Roatch against John Frost, as special bail of or surety for one C. K. Frost. In the original suit before the alderman which was brought by Wm. B. Roatch against C. K. Frost, a judgment was given for the plaintiff in the sum of $41 85; and the following entry upon the alderman’s docket was signed by John Frost. “ I become special bail in $90.” A scire facias was issued upon this recognisance, and judgment given by the alderman against John…
1Opinion of the Court
The opinion of the court was delivered by
Huston, J.
The second section of the act of the 20th March, 1810, makes provision that in certain cases the constable may take a bond from a defendant taken on a capias, for the appearance of the defendant before the justice; and prescribes that such defendant may enter special bail before the justice, or the bail to the constable may enter special bail; and it provides for proceedings on the bail bond; but it would seem we have nothing to do with this section, *361the suit is not on such bail bond. In many if not in most cases in this state, no bail bond…
2Cases cited3 opinions
- Ingham v. TracySupreme Court of Pennsylvania · 1836
- Bolton v. RobinsonSupreme Court of Pennsylvania · 1825
- King v. CulbertsonSupreme Court of Pennsylvania · 1823
3Cited by3 opinions
- Beth-Allen Sales Co. v. Hartford Insurance GroupSuperior Court of Pennsylvania · 1970
- Appeal of HogsettSuperior Court of Pennsylvania · 1896
- Okeson v. ShirlockSupreme Court of Pennsylvania · 1845