Legal Opinion

Withers v. Livezey

Supreme Court of Pennsylvania

Decided May 15, 1841PublishedCited by 3 opinions

ERROR to the District Court of Lancaster county. This was a writ of scire facias upon a recognizance, entered into by the defendant, John Withers, as bail for Augustus Withers and John Withers, Jr., to procure a stay of execution upon a judgment against them in favour of the plaintiffs, Joseph Livezey and Charles B. Kimball, for the sum of $204.41, with interest from the 10th of July 1839. The defendant pleaded nul tiel record and nil debet, to which the plaintiffs replied…

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ERROR to the District Court of Lancaster county. This was a writ of scire facias upon a recognizance, entered into by the defendant, John Withers, as bail for Augustus Withers and John Withers, Jr., to procure a stay of execution upon a judgment against them in favour of the plaintiffs, Joseph Livezey and Charles B. Kimball, for the sum of $204.41, with interest from the 10th of July 1839. The defendant pleaded nul tiel record and nil debet, to which the plaintiffs replied that there was such a record, and took issue likewise on the plea of nil debet. On the trial of this latter issue, the…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

The suit here is founded upon the recognizance of the defendant, and the deed mentioned in the first error has no connexion whatever with the recognizance, so as to render it binding, or to show that the defendant had not complied with it; and would seem, therefore, to have been wholly irrelevant, and the reading of it in evidence to the jury properly rejected by the court.

But the admission of the parol evidence mentioned in the second error, was, as we conceive, erroneous. The recognizance being a matter of record, could not be explained or…

2Cited by3 opinions

  1. Holly v. TravisSupreme Court of Pennsylvania · 1920
  2. McMicken v. CommonwealthSupreme Court of Pennsylvania · 1868
  3. Clark v. M'CommanSupreme Court of Pennsylvania · 1844

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