Commonwealth v. Denniston
Supreme Court of Pennsylvania
ERROR to the common pleas of Allegheny county. The -Commonwealth, for the use of the County of Adams, against ■Charles C. Denniston.
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ERROR to the common pleas of Allegheny county. The -Commonwealth, for the use of the County of Adams, against ■Charles C. Denniston. The defendant entered into the recognizance upon which this suit was brought, in the court of quarter sessions of Adams county, in the sum of 2000 dollars, conditioned for the appearance of a ■person charged with larceny; the recognizance was forfeited, and ■this suit brought and a judgment confessed upon it by the defendant; after which the governor, by his letters patent, remitted the forfeiture. The parties stated a case to raise the question whether the…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
If the right to the money secured by the judgment on the recognizance was a vested right, the governor had no power to remit it. But the question is, was it so vested? In King & Codington v. Reedman, Cro. C. 199, it is held,- that the costs for which a judgment has been given are not remitted by a pardon of the offence subsequent to the judgment: and the reason is, that there was an interest in private persons; but in every other respect, as is there held, the pardon operated as a discharge. And such is the force of a pardon, that even in the…
2Cases cited3 opinions
- Respublica v. CobbetSupreme Court of Pennsylvania · 1798
- Duncan v. CommonwealthSupreme Court of Pennsylvania · 1818
- Commonwealth ex rel. Norbury v. Commissioners of PhiladelphiaSupreme Court of Pennsylvania · 1822
3Cited by7 opinions
- Jamison v. FlannerSupreme Court of Kansas · 1924
- Wooster v. PlymouthSupreme Court of New Hampshire · 1882
- Commonwealth v. HamelSuperior Court of Pennsylvania · 1910
- Cope v. CommonwealthSupreme Court of Pennsylvania · 1857
- United States v. DuncanDistrict Court, W.D. Pennsylvania · 1863
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