Davy v. Jackson

Supreme Court of Pennsylvania

Davy v. Jackson

2 Yeates 280

DecidedMarch 15, 1798

StatusPublished

This text of 2 Yeates 280 (Davy v. Jackson) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Davy v. Jackson, 2 Yeates 280 (Pa. 1798).

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Opinion

In debts on a recognizance in writ of error, special bail to be put in.

Debt on a recognizance given by defendants, as sureties for Robert Morris, to prosecute a writ of error, in the high court of errors and appeals; on which bail was demanded.

Mr. Hallowel moved for a rule to show cause, why the defendants should not be discharged on common bail.

But the court refused the motion. The defendants under the (3 Dali. St. Laws, 98,) act of assembly have become absolutely bound for payment of the debt, on the affirmance of the judgment. This cannot be compared to an action of debt brought on (2 Barnes, 93. 1 Bl. Rep. 507. Sayer 43,) a judgment where special bail has been originally entered. Even in account render, a defendant has been held to bail, where he has declared, that he means to leave the state.

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In debts on a recognizance in writ of error, special bail to be put in.

Debt on a recognizance given by defendants, as sureties for Robert Morris, to prosecute a writ of error, in the high court of errors and appeals; on which bail was demanded.

Mr. Hallowel moved for a rule to show cause, why the defendants should not be discharged on common bail.

But the court refused the motion. The defendants under the (3 Dali. St. Laws, 98,) act of assembly have become absolutely bound for payment of the debt, on the affirmance of the judgment. This cannot be compared to an action of debt brought on (2 Barnes, 93. 1 Bl. Rep. 507. Sayer 43,) a judgment where special bail has been originally entered. Even in account render, a defendant has been held to bail, where he has declared, that he means to leave the state.

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Bluebook (online)

2 Yeates 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davy-v-jackson-pa-1798.