Adams v. Bush
Supreme Court of Pennsylvania
ERROR to the common pleas of Tioga county. Alva C. Bush plaintiff below against Isaac Adams. The writ of error in this case was sued out to reverse a judgment entered by warrant of attorney upon the following bond: “ Know all men by these presents, that I, Isaac Adams, of the township of Tioga, county of Tioga, and state of Pennsylvania, am held and firmly bound unto Alva C. Bush, of the township, county, and state, aforesaid, in fhe sum of eighteen hundred dollars, to the…
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ERROR to the common pleas of Tioga county. Alva C. Bush plaintiff below against Isaac Adams. The writ of error in this case was sued out to reverse a judgment entered by warrant of attorney upon the following bond: “ Know all men by these presents, that I, Isaac Adams, of the township of Tioga, county of Tioga, and state of Pennsylvania, am held and firmly bound unto Alva C. Bush, of the township, county, and state, aforesaid, in fhe sum of eighteen hundred dollars, to the which payment well and truly to be made, 1 do hereby bind myself, my heirs, executors, administrators, and assigns, and…
1Opinion of the Court
The opinion of the Court was delivered by
Huston, J.
Most clearly there was no authority to enter five judgments for the several instalments mentioned in said bond, whatever may be the meaning or effect of the words “ after filing one or more declarations to confess judgment or judgments” against me for the amount of the said bond. This cannot be tortured to mean that the conditions are what the judgments are to designate and for which judgments are to be entered. The bond is conditioned to saw a certain number of logs to be furnished by Bush at each period. Judgment might have been entered for…
2Cases cited1 opinion
- Commonwealth v. Judges of Common PleasSupreme Court of Pennsylvania · 1810
3Cited by7 opinions
- American Bowling Club, Inc. v. KanefskySupreme Court of Pennsylvania · 1952
- Montelius v. MonteliusPhiladelphia Court of Nisi Prius · 1845
- American Bowling Club, Inc. v. KanefskySupreme Court of Pennsylvania · 1952
- Commercial Alliance v. Pickett, Pennsylvania Court of Common Pleas, Luzerne County1943
- Flowers v. Exton, Pennsylvania Court of Common Pleas, Westmoreland County1932
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