Stettler v. Schmoyer

Decided January 15, 1883

Supreme Court of Pennsylvania · decided 1883-01-15

E. G. Swartz, counsel for Benjamin Schmoyer, presented his petition to the Court of Common Pleas of Lehigh County, as follows, viz.: That on July 24,1877, judgment was obtained against the defendant in the above case for one thousand and seventy-nine dollars; that on August 20,1877, Daniel Stettler became bail for stay of execution ; that a recognizance was executed and taken on that day in due form, and September 3, 1877, approved by David Laury, who was at that time one of…

Decided 1883-01-15

¶1The Supreme Court affirmed the judgment of the Common Pleas, on March 3rd, 1884, in the following opinion

Per Curiam:

¶2The learned Judge committed no error in holding this to be a valid recognizance. It is regular on its face, and was correctly taken and acknowledged before the Prothonotary. It was duly approved by one of the judges of the Court. ’ No execution issued thereafter on the judgment, until the time limited by law, and in the recognizance for stay had expired; The Act of Assembly does not direct that the recognizance shall be filed in order to give it effect. After the expiration of the stay prescribed by law, it was, by'order of Court, filed nunc giro tunc, as of the day of its approval.

¶3Judgment affirmed.