Slocum v. Slocum
Supreme Court of Pennsylvania
ERROR to the common pleas of Luzerne county. The Commonwealth for the use of Esther Slocum against Ebenezer Slocum, Aaron Brown, arid James Nesbit. The writ was in “ debt on recognizance in the orphan’ court, not exceeding 1000 dollars.”
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ERROR to the common pleas of Luzerne county. The Commonwealth for the use of Esther Slocum against Ebenezer Slocum, Aaron Brown, arid James Nesbit. The writ was in “ debt on recognizance in the orphan’ court, not exceeding 1000 dollars.” The declaration was upon a recognizance in the orphans’ court, but stated to have been acknowledged and taken before the judges of the court of common pleas in the sum of 14,425 dollars, to secure the distributive shares of the heirs of Ebenezer Slocum, deceased, in their father’s estate, and laying the amount claimed by the plaintiff to be 671 dollars 41…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The first error assigned, is that the court below erred in entering judgment against the defendants there, the plaintiffs in error here, for want of an affidavit of defence. Because, as the counsel alleges, the rule of the court authorising a judgment to be entered against the defendants for want of such affidavit, being filed within a certain period, does not apply to an action brought to recover a penalty against bail, such as James Nisbet, one of the plaintiffs in error, is in this case, for the non-performance of a collateral act by the…
2Cited by1 opinion
- Baum v. TonkinSupreme Court of Pennsylvania · 1885