Sheets v. Hawk
Supreme Court of Pennsylvania
IN ERROR. Error to the Court of Common Pleas of Lebanon courity. In the court below, it was an action of debt on a bond given by Adam Hawk with Stephen Sigler, as his security, to the plaintiff, Mathias Sheets, the arresting creditor under the supplement to the act for the relief of insolvent debtors, passed the 28th of March, 1820. The condition of the bond was, that if Adam Hawk should be and appear before the judges of the Court of Common Pleas, to be holden on the first…
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IN ERROR. Error to the Court of Common Pleas of Lebanon courity. In the court below, it was an action of debt on a bond given by Adam Hawk with Stephen Sigler, as his security, to the plaintiff, Mathias Sheets, the arresting creditor under the supplement to the act for the relief of insolvent debtors, passed the 28th of March, 1820. The condition of the bond was, that if Adam Hawk should be and appear before the judges of the Court of Common Pleas, to be holden on the first Monday of August, 1822, then and there to take the benefit of the insolvent laws and surrender himself to the jail of…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
The plaintiff insists, that inasmuch as it does not appear by the record, that Hawk did appear on the first day of the term, the bond is forfeited, and the bail has become liable. If this be so, it is a matter of the strictest law, and an exaction of great rigour; for it does appear, that the party having the beneficial interest, had notice that the insolvent was not discharged on the first day of the term, and endeavoured to obtain from him security for a part of his debt, persuading him not to take the benefit of the act.
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2Cited by6 opinions
- Hoffman v. CosterSupreme Court of Pennsylvania · 1837
- Jackson ex dem. Grignon v. AstorWisconsin Supreme Court · 1841
- Shriver v. CommonwealthSupreme Court of Pennsylvania · 1828
- Gallagher ex rel. Guss v. KenedySupreme Court of Pennsylvania · 1828
- Lease v. AsperSupreme Court of Pennsylvania · 1828
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