Vogel v. Hughes
Pennsylvania Court of Common Pleas, Philadelphia County
IN this case, a levari facias had issued on a judgment obtained on a mortgage given by the defendant to the plaintiff. The property was sold by the sheriff under this writ and he paid the proceeds into court. This mortgage was subsequent in date to a judgment against the defendant, held by “ The Guardians for the Relief and Employment of the Poor,” &c. more fully stated hereafter.
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IN this case, a levari facias had issued on a judgment obtained on a mortgage given by the defendant to the plaintiff. The property was sold by the sheriff under this writ and he paid the proceeds into court. This mortgage was subsequent in date to a judgment against the defendant, held by “ The Guardians for the Relief and Employment of the Poor,” &c. more fully stated hereafter. On the twelfth of May, 1837, James Hughes, the defendant, executed a bond and warrant of attorney, a copy of which is as follows, viz.: “ Know all men by these presents, that I, James Hughes, of the city of…
1Opinion of the Court
Per Curiam.—
The bond on which the judgment was entered in favour of the guardians, is in the nature of a continuing security for the discharge of a constantly accruing liability. It stands for all and every part of the liability contemplated. Execution may issue on the judgment for any sum which may become due by breach of the condition, and the judgment is afterwards to remain as a security for the performance of the condition. It is not the ordinary case of a bond in a penalty conditioned for the performance of some act simply, in which there is no stipulation as to a continuance of the…
2Cited by1 opinion
- Commonwealth v. Grady and McNallySuperior Court of Pennsylvania · 1928