Nice v. Bowman
Supreme Court of Pennsylvania
ERROR to the common, pleas of Berks county. This was an action of debt upon a bail bond, by Henry Bowman, for Jacob George, against David Nice, John Roth, and Charles Rhodes. The writ was returnable to November term, 1835. The declaration was filed on the 11th of April 1836, and on the same day judgment was signed, and a fieri fiadas issued.
Read the full summary
ERROR to the common, pleas of Berks county. This was an action of debt upon a bail bond, by Henry Bowman, for Jacob George, against David Nice, John Roth, and Charles Rhodes. The writ was returnable to November term, 1835. The declaration was filed on the 11th of April 1836, and on the same day judgment was signed, and a fieri fiadas issued. On the 7th of November 1836, the court granted, a rule to show cause why all the proceedings in the case should not be set aside, upon the payment of costs of the suit, and the defendant confessing judgment in the original. Upon the hearing of this rule,…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers,
— This was a proceeding under the act of the 20th of March 1724, which regulates the practice on writs of summons, and arrest, and which provides that if the defendant in the writ does not appear, at the return day thereof, but makes default, and the officer to whom the writ was directed certifies to the court *28upon oath or affirmation, that on or before the return day, &c., he summoned the defendant, &c., or left notice in writing at the house of defendant, &c. Upon which return, if the defendant has been so served ten days, and the plaintiff…
2Cases cited2 opinions
- Morrison v. WetherillSupreme Court of Pennsylvania · 1822
- Union Bank v. KraftSupreme Court of Pennsylvania · 1816
3Cited by1 opinion
- White v. LeedsSupreme Court of Pennsylvania · 1866