2 Miles 405
Pennsylvania Court of Common Pleas, Philadelphia County
Decided May 20, 1840
Pennsylvania Court of Common Pleas, Philadelphia County · decided 1840-05-20
THIS was a debt on a bail-bond taken under the act of 13th June, 1836. The plaintiff’ took judgment, on the regular day, for want of an affidavit of defence. (See 1 Miles 25.) Defendant obtained this rule to show cause.
Decided 1840-05-20
¶1said that they had ruled that a bail-bond, inasmuch as it contained alternative conditions as to the surrender of the original defendant and the payment of the money, was not within the provisions of the act entitling plaintiff to judgment for want of an affidavit of defence. (See 1 Miles 25.)
¶2Rule absolute.