Commonwealth v. Barrett

Opinion by

Mr. Justice Simpson,

The issues raised on the scire facias sur recognizance in this case were tried by the court below without a jury, upon agreement filed, and resulted in a verdict and judgment for plaintiff. The surety company, defendant, appeals and propounds but two questions: (1) Does the statute of limitations bar the action because brought more than two years after the forfeiture?; and (2) Can the trial court, in a suit on a forfeited recognizance, consider the circumstances of the case, and moderate or remit the forfeiture? The court below gave a negative answer to each of…