Commonwealth v. Balsamo
Superior Court of Pennsylvania
Appeal, No. 41, April T., 1919, by defendant, from order of C. P. Westmoreland Co., November T., 1917, No. 144, making absolute rule for judgment for want of a sufficient affidavit of defense in the case of Commonwealth of Pennsylvania for use of Peter H. Naley, Guardian of Anna Petschat, a minor, v. Antonio Balsamo. Assumpsit for forfeited recognizance. Before Copeland, P. J. of O. C., specially presiding.
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Appeal, No. 41, April T., 1919, by defendant, from order of C. P. Westmoreland Co., November T., 1917, No. 144, making absolute rule for judgment for want of a sufficient affidavit of defense in the case of Commonwealth of Pennsylvania for use of Peter H. Naley, Guardian of Anna Petschat, a minor, v. Antonio Balsamo. Assumpsit for forfeited recognizance. Before Copeland, P. J. of O. C., specially presiding. The court made absolute a rule for judgment for want of a sufficient affidavit of defense. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Orlady, P. J.,
The defendant entered into a recognizance for the sum of $1,000, conditioned that John Wenter appear at a stated time in the Quarter Sessions of Westmoreland County, and there answer such charges as may be preferred against Mm, to abide and not depart from the court without leave, otherwise his recognizance to remain in full force and virtue, etc. It is admitted that default *184was made, and by regular proceedings the bond was properly forfeited, which forfeiture became absolute on September 5, 1917, and the record estreated into the office of the county commissioners of…
2Cases cited6 opinions
- Foulke v. CommonwealthSupreme Court of Pennsylvania · 1879
- Commonwealth v. CohenSuperior Court of Pennsylvania · 1903
- Commonwealth v. ClipshamSuperior Court of Pennsylvania · 1901
- Commonwealth v. MeeserSuperior Court of Pennsylvania · 1902
- Waite v. PalmerSupreme Court of Pennsylvania · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Commonwealth v. BarrettSupreme Court of Pennsylvania · 1931
- Commonwealth v. Bowman, Pennsylvania Court of Common Pleas, Bradford County1931
- Commonwealth v. DavisDelaware County Court of Quarter Sessions · 1930
- Commonwealth v. EmersonDauphin County Court of Quarter Sessions · 1939
- Commonwealth v. Lowry, Pennsylvania Court of Common Pleas, Northampton County1922
1 more not listed; retrieve them via the Exa API.