Shriver v. Commonwealth
Supreme Court of Pennsylvania
Writ of error to the Court of Common Pleas of Jldams county. The plaintiff in error was defendant below. The judgment in the court below was in debt for three hundred dollars, on a forfeited recognisance.
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Writ of error to the Court of Common Pleas of Jldams county. The plaintiff in error was defendant below. The judgment in the court below was in debt for three hundred dollars, on a forfeited recognisance. In February, 1827, the defendant, George L. Shriver, was bound over by a justice of the peace, in a recognisance in the sum of three hundred dollars, to appear at the next court of Quarter Sessions, to answer the complaint of ill treatment of his apprentice, Elias Thompson, and not depart without Ieaye. The parties appeared in court, and on hearing, the master was thought by the court to…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J
— The judgment of a court of competent jurisdiction, directly on the point, is conclusive in every subsequent proceeding. In an action on a recognisance, therefore, the propriety of the forfeiture cannot be investigated; nor can there be other evidence of the fact of forfeiture, than the record itself. The defendant had an opportunity to object in the Court of Quarter Sessions; and the decision against him there, is conclusive. In a Scire Facias, against special bail, the defendant can discharge himself only by an exoneretur, which must…
2Cases cited1 opinion
- Sheets v. HawkSupreme Court of Pennsylvania · 1826
3Cited by6 opinions
- Le Guen v. GouverneurCourt for the Trial of Impeachments and Correction of Errors · 1798
- Ballard v. Franklin Life InsuranceIndiana Supreme Court · 1881
- Commonwealth v. HarveySupreme Court of Pennsylvania · 1908
- Jackson ex dem. Grignon v. AstorWisconsin Supreme Court · 1841
- Commonwealth v. MeeserSuperior Court of Pennsylvania · 1902
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