Beacom v. Holmes
Supreme Court of Pennsylvania
IN ERROR. Writ of error to the Court of Common Pleas of Allegheny county. Debt by Walter Holmes, for the use of all and singular the creditors of Lancelot Beacom, plaintiff below, and defendant in error, against Lancelot Beacom and Henry Holdship, defendants below, and plaintiffs in error, on a bond taken under the first section of the act of the 38th of March, 1830, on the petition of Lancelot Beacom, who had been in custody under execution, at the suit of Walter'Holmes,…
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IN ERROR. Writ of error to the Court of Common Pleas of Allegheny county. Debt by Walter Holmes, for the use of all and singular the creditors of Lancelot Beacom, plaintiff below, and defendant in error, against Lancelot Beacom and Henry Holdship, defendants below, and plaintiffs in error, on a bond taken under the first section of the act of the 38th of March, 1830, on the petition of Lancelot Beacom, who had been in custody under execution, at the suit of Walter'Holmes, for a debt of thirty-three dollars, and seventy-two cents, and had petitioned one of the associate judges, in vacation,…
1Opinion of the Court
*191The opinion of the court was delivered by
Duncan, J.
(after stating the facts of the case.) The act provides, “ that thereupon the said judge shall give an order to the sheriff or ccnstable, or other person having such debtor in custody, to discharge him from custody.”
It would seem, that a practice had prevailed, founded on some direction and form, given by the late President Roberts, to require a bond, to cover all the debts of the petitioner, to be given to the plaintiff, for the use of all the creditors of the debtor, and that the present bond was required and taken in that form, in the…
2Cited by3 opinions
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- Lease v. AsperSupreme Court of Pennsylvania · 1828