Commonwealth v. Cohen
Superior Court of Pennsylvania
Appeal, No. 165, Oct. T., 1902, by defendant, from order of C. P. Lebanon Co., Sept. T., 1901, No. 18, making absolute rule for judgment for want of a sufficient affidavit of defense. Assumpsit for forfeited recognizance. The court made absolute a rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 165, Oct. T., 1902, by defendant, from order of C. P. Lebanon Co., Sept. T., 1901, No. 18, making absolute rule for judgment for want of a sufficient affidavit of defense. Assumpsit for forfeited recognizance. The court made absolute a rule for judgment for want of a sufficient affidavit of defense. On reargument Ehrgood, P. J., filed the following opinion : It is claimed by counsel for defendants that the discretion of the court, in this case, was arbitrarily exercised, and that, instead of directing conditionally a judgment against the defendants, the entire amount of the…
1Opinion of the Court
Per Curiam,
Upon a recognizance entered in the quarter sessions, a scire facias was issued in the common pleas. Judgment was entered for want of a sufficient affidavit of defense for the full amount of the recognizance. Upon a motion for a reargument, the court, however, in an opinion covering the entire case, remitted the forfeited recognizance to the extent of $200 and entered judgment for the balance.
*58The only error complained of is that the entire amount of the recognizance was not remitted by the court below.
There is no question as to the original forfeiture. The defendant was not present…
2Cited by8 opinions
- Commonwealth v. ReeherSuperior Court of Pennsylvania · 1976
- Commonwealth v. BalsamoSuperior Court of Pennsylvania · 1919
- Commonwealth v. BarfodPhiladelphia County Court of Quarter Sessions · 1945
- Commonwealth v. Drocton, Pennsylvania Court of Common Pleas, Greene County1927
- Commonwealth v. EmersonDauphin County Court of Quarter Sessions · 1939
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