Bobyshall v. Oppenheimer
U.S. Circuit Court for the District of Eastern Pennsylvania
[At law. Action on a bail bond by Boby-shall and Sower against Oppenheimer. For prior proceedings, see Case No. 1,589.] After the discharge of the two former rules, —4 Wash. C. C. 317 [Case No. 1,589,], — Phillips entered a rule upon the plaintiff to show cause, why proceedings should not be staid on the bail bond, on payment of costs, and confession of judgment by the principal.
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[At law. Action on a bail bond by Boby-shall and Sower against Oppenheimer. For prior proceedings, see Case No. 1,589.] After the discharge of the two former rules, —4 Wash. C. C. 317 [Case No. 1,589,], — Phillips entered a rule upon the plaintiff to show cause, why proceedings should not be staid on the bail bond, on payment of costs, and confession of judgment by the principal. He contended that, after assignment of the bail bond, the court will stay proceedings against the appearance bail on payment of costs, confessing judgment, and putting in and perfecting bail, as the court decided on…
1Opinion of the Court
WASHINGTON, Circuit Justice.
Upon the former rules, it was decided, that although the court had discharged on common bail a defendant who had been discharged under the insolvent law of this state, where the application was made in time; yet that they never had entered an exoneretur on the bail piece, after assignment of the bail bond to the plaintiff, merely upon the ground of such a discharge, and that a motion to that effect would not be listened to. But that the court would relieve the appearance bail by staying proceedings on the bond, upon payment of costs; provided that plaintiff had not…
2Cited by3 opinions
- Jones v. Van ZandtSupreme Court of the United States · 1847
- Bobyshall v. OppenheimerU.S. Circuit Court for the District of Eastern Pennsylvania · 1823
- Pepper v. Doores, Pennsylvania Court of Common Pleas, Philadelphia County1835