Bross v. Commonwealth
Supreme Court of Pennsylvania
Certiorari to the Court of Quarter Sessions of Susquehanna county: No. 334, to January Term 1872, sur appeal from order of forfeiture of recognisance. Henry C. Bross, on the 17th of November 1872, was bound over by a justice of the peace in a recognisance with a surety in the sum of $600, to answer a charge of adultery at the January Term of the Court of Quarter Sessions.
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Certiorari to the Court of Quarter Sessions of Susquehanna county: No. 334, to January Term 1872, sur appeal from order of forfeiture of recognisance. Henry C. Bross, on the 17th of November 1872, was bound over by a justice of the peace in a recognisance with a surety in the sum of $600, to answer a charge of adultery at the January Term of the Court of Quarter Sessions. At that term the grand jury found a true bill against him, and on the 10th of January, he pleaded “Not guilty;” a jury was impannelled; the defendant was called, and not appearing, the recognisance was forfeited. The court…
1Opinion of the Court
The opinion of the court was delivered, by
Williams, J.
The Act of December 9th 1783, 2 Sm. L. 86, under which the appeal in this case was taken, makes no provision for an appeal from the orders or judgments of the Courts of Quarter Sessions in refusing to moderate or remit forfeited recognisances. It is true that by its provisions both the Quarter Sessions and the Common Pleas are “ empowered to order the said recognisances to be levied, moderated or remitted, on hearing the circumstances of the case, according to equity and their legal discretion.” But by the express words of the proviso,…
2Cited by5 opinions
- Commonwealth v. FogelmanSuperior Court of Pennsylvania · 1897
- Commonwealth v. BirdLancaster County Court of Quarter Sessions · 1891
- Commonwealth v. BarrettSupreme Court of Pennsylvania · 1931
- Commonwealth v. RichardsonSuperior Court of Pennsylvania · 1953
- Commonwealth v. OblenderSupreme Court of Pennsylvania · 1890