Jones v. Smith

Supreme Court of Pennsylvania

Jones v. Smith

2 Pen. & W. 462

DecidedJune 15, 1831

StatusPublished

This text of 2 Pen. & W. 462 (Jones v. Smith) 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

Jones v. Smith, 2 Pen. & W. 462 (Pa. 1831).

Pincite

Opinion

Per Curiam.

—There was no pretext for the demurrer. A bail-bond is to be sued in the court where the original action is depending, for the sake of preserving the equitable control over the proceeding that is peculiar’to the forum. But there is no such control of the proceeding in an action'on an insolvent’s bond, which is therefore within the spirit as well as the letter of the act of assembly, giving justices of the peace jurisdiction.

Judgment affirmed.

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Per Curiam.

—There was no pretext for the demurrer. A bail-bond is to be sued in the court where the original action is depending, for the sake of preserving the equitable control over the proceeding that is peculiar’to the forum. But there is no such control of the proceeding in an action'on an insolvent’s bond, which is therefore within the spirit as well as the letter of the act of assembly, giving justices of the peace jurisdiction.

Judgment affirmed.

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Bluebook (online)

2 Pen. & W. 462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-smith-pa-1831.