King v. Bank of Gettysburg
Supreme Court of Pennsylvania
Writ of error to the Court of Common Pleas of Adams county. In the Court of Common Pleas of Adams county, a Capias was issued to November Term, 1825, at the suit of the Bank of Gettysburg, against Henry M. King, in which he was arrested, and together with Edward Kitchen, gave the sheriff a bail bond.
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Writ of error to the Court of Common Pleas of Adams county. In the Court of Common Pleas of Adams county, a Capias was issued to November Term, 1825, at the suit of the Bank of Gettysburg, against Henry M. King, in which he was arrested, and together with Edward Kitchen, gave the sheriff a bail bond. The present suit was brought on the bail bond to August Term, 1826. The defendants pleaded, that at August Term, 1825, Henry M. King was discharged by the insolvent act, and so it became impossible for them to enter special bail, and surrender him as by the condition they were bound to do, but…
1Per curiam
— This case comes here in an unusual shape. Matters which would induce a court to stay proceedings on the bail bond, do.not constitute a bar, and cannot be pleaded. They constitute a subject of legal discretion, and not of error. But the parties desire our opinion on the question made below, and this presents no difficulty. The material inquiry is, whether the plaintiff was delayed by the" want of an appearance. The condition of the bond might have been literally performed, notwithstanding the privilege of the principal. .But it would have been useless to enter special bail, as the bail…
2Cited by2 opinions
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- Pepper v. Doores, Pennsylvania Court of Common Pleas, Philadelphia County1835