Boas v. Nagle
Supreme Court of Pennsylvania
In Error. THIS was a writ of error to the Common Pleas of Dauphin county, in a suit brought by Nagle and Miller as assignees of the Sheriff, against Boas and Egle, upon a bail bond, to December Term, 1815. The sheriff returned summoned ; and the plaintiffs filed their declaration at December Term, 1815, and took judgment by default, at the next Term.
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In Error. THIS was a writ of error to the Common Pleas of Dauphin county, in a suit brought by Nagle and Miller as assignees of the Sheriff, against Boas and Egle, upon a bail bond, to December Term, 1815. The sheriff returned summoned ; and the plaintiffs filed their declaration at December Term, 1815, and took judgment by default, at the next Term. The defendants did not appear, nor was any rule to plead taken. contended that the judgment was irregular: it was not justified by the act of assembly, or the rules of court. A suit upon a bail bond is not an action in which a statement can be…
1Opinion of the Court
Tilghman C. J.
This is an action on a bail bond. The plaintiff filed his declaration at the term to which the writ was returnable, and signed judgment at the next term, the defendants having never appeared, and no rule to plead having been laid. The plaintiff endeavours to support this judgment by the 5th section of the act “ to regulate arbitrations and “ proceedings in courts of justice,” passed 21st March, 1806, and also by the first rule of the Court of Common Pleas of Dauphin county. The act of assembly enacts, that in all cases where suits are brought for the recovery of any debts…
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