Hays v. Commonwealth
Supreme Court of Pennsylvania
Error to the Common Pleas of Allegheny county. This was an action of debt. The Narr. set forth, that Jacob Hays and John Hays were summoned, &c., for that they, on the day of A. D. at the county aforesaid, by their writing obligatory, sealed with their seals, acknowledge themselves to be bound to the plaintiff in the sum of hundred dollars— upon condition that the said Hays should not well and truly do and perform all the duties of constable of Mifflin township, in the…
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Error to the Common Pleas of Allegheny county. This was an action of debt. The Narr. set forth, that Jacob Hays and John Hays were summoned, &c., for that they, on the day of A. D. at the county aforesaid, by their writing obligatory, sealed with their seals, acknowledge themselves to be bound to the plaintiff in the sum of hundred dollars— upon condition that the said Hays should not well and truly do and perform all the duties of constable of Mifflin township, in the county aforesaid. Now the plaintiff avers that he, the said Jacob Plays has not performed the said duties of constable, but…
1Opinion of the Court
The opinion of the court was delivered, by
Rogers, J.
— Unless this be takexi to be a judgment by confession, it is very clear it cannot be supported; for as a judgment by default, the objections are insurmountable. It appears to be the act of the court; for on the trial list, in the handwriting of the president judge, is the following entry: February 2, 1842, judgment for plaintiff, sum to be liquidated by the prothonotary. This was ascertained to be $133.98. All things are presumed to be rightly done in a court of record, and we are bound by this maxim, as is ruled in Sybert v. The Bank, 5…
2Cases cited3 opinions
- Leisenring v. BlackSupreme Court of Pennsylvania · 1836
- Barde v. WilsonSupreme Court of Pennsylvania · 1801
- Zerger v. GonterSupreme Court of Pennsylvania · 1825
3Cited by2 opinions
- Rome Sales & Service Station v. FinchSuperior Court of Pennsylvania · 1935
- Treasurer of Division No. 168, A. A. of S. R. E. of A. v. KellerSuperior Court of Pennsylvania · 1903