2 Miles 174
Pennsylvania Court of Common Pleas, Philadelphia County
Decided January 13, 1838
Pennsylvania Court of Common Pleas, Philadelphia County · decided 1838-01-13
THIS was an action to September term, 1837, No. 1259. The plaintiff obtained judgment for want of an affidavit of defence, and the defendant entered security, in the nature of special bail, for a stay of thirty days, under the act of 16th June, 1836. Before its expiration, the bail surrendered the defendant, who gave bond to take the benefit of the insolvent laws of the commonwealth.
Decided 1838-01-13
¶1By the surrender of the defendant, the plaintiff is without the security intended by the act for his benefit, in cases where the defendant has the advantage of a stay of execution. It is in effect the same thing as if security had not been entered at all, and the plaintiff is therefore entitled to have execution.
¶2Rule discharged.