Kensington Bank v. Wilkinson

Philadelphia County Court of Common Pleas

Kensington Bank v. Wilkinson

2 Miles 166

CourtPennsylvania Court of Common Pleas, Philadelphia County

DecidedDecember 13, 1837

StatusPublished

This text of 2 Miles 166 (Kensington Bank v. Wilkinson) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kensington Bank v. Wilkinson, 2 Miles 166 (Pa. Super. Ct. 1837).

Pincite

Opinion

Per Curiam.—

The defendant had an opportunity to move for his discharge from arrest under the capias ad satisfaciendum, according to the 15th and 16th sections of the act of 16th June, 1836. (Stroud’s Purd. tit. Insolvents.) Of that statutory remedy [167]*167ho failed to avail himself, but voluntarily gave the bond on which the suit is brought. Under such circumstances, the bond is good under the statute, and the plaintiff is entitled to recover on it.

Judgment for plaintiff.

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Per Curiam.—

The defendant had an opportunity to move for his discharge from arrest under the capias ad satisfaciendum, according to the 15th and 16th sections of the act of 16th June, 1836. (Stroud’s Purd. tit. Insolvents.) Of that statutory remedy [167]*167ho failed to avail himself, but voluntarily gave the bond on which the suit is brought. Under such circumstances, the bond is good under the statute, and the plaintiff is entitled to recover on it.

Judgment for plaintiff.

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Bluebook (online)

2 Miles 166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kensington-bank-v-wilkinson-pactcomplphilad-1837.