Carrew v. Willing
Pennsylvania Court of Common Pleas, Philadelphia County
Oapias, to June 1784. The bail-bond sued to September 1784 ; and December 1784, judgment was signed on the bail-bond suit, nisi special bail filed in thirty days. Default was made in filing special bail, and a fi. fa. issued to June 1785.
1Opinion of the Court
*And now, August 8, 1785, Sitgreaves filed defendant’s affidavit of a just defence, and obtained a rule to show cause, why the proceedings in the bail-bond suit should not be stayed, on paying costs, pleading issu-ably in the original action, taking short notice of trial, and consenting that the judgment on the bail-bond should stand as a security. He cited Birch v. *135Graves, Barnes’s Notes 74; Otway v. Cockayne, Ibid. 35; Seaber v. Powell, Ibid. 91; Morley v. Carr, Ibid. 112.
On the 13 th of August, Sergeant, for the plaintiff, showed cause ; but, after argument, the rule was made absolute, (a)
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2Cases cited1 opinion
- Priestman v. KeyserSupreme Court of Pennsylvania · 1811