Jones v. Raiguel
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Schuylkill county: Of July Term 1880, No. 66. This was a.scire facias sur recognizance of bail for stay of execution, brought April 14th 1877, by Henry R. Raiguel against Stephen Jones.
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Error to the Court of Common Pleas of Schuylkill county: Of July Term 1880, No. 66. This was a.scire facias sur recognizance of bail for stay of execution, brought April 14th 1877, by Henry R. Raiguel against Stephen Jones. The plaintiff filed a declaration and a copy of the following recognizance:— Henry R. Raiguel, ) v. > 881, June Term 1876. John Wadlinger, &c. j 8th July 1876, I do hereby acknowledge to owe and be indebted to the plaintiff above named in the sum of eight hundred and eighty dollars ($880), to be levied of my goods and chattels, lands and tenements, conditioned for the…
1Opinion of the CourtJustice Mercur
The main question in contention here is this: When .a person has become bound by recognizance as bail for stay of execution in a judgment against a husband and his wife, and after the stay has fully expired, can he relieve himself from liability by showing the judgment was improperly taken against the wife?
The equitable demand of the plaintiff in the judgment is unquestioned. The defence which it is now alleged the wife might have successfully made rested on her personal privilege, which she did not interpose. She suffered judgment to be entered against herself and her husband jointly. They…
2Cases cited2 opinions
- Armstrong's AppealSupreme Court of Pennsylvania · 1843
- Gibbs v. AlbertiSupreme Court of Pennsylvania · 1807