State v. Tyre

Delaware County Court of Quarter Sessions

State v. Tyre

2 Del. Cas. 38

CourtDelaware County Court of Quarter Sessions

DecidedNovember 15, 1808

StatusPublished

This text of 2 Del. Cas. 38 (State v. Tyre) is published on Counsel Stack Legal Research, covering Delaware County Court of Quarter Sessions primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Tyre, 2 Del. Cas. 38 (Pa. Super. Ct. 1808).

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Opinion

Per Curiam. Booth, C. J.

I have great doubts upon my mind, but I am rather inclined to consider the Servitude Act as cumu[40]*40lative. The latter part of the fifth section creates doubt. But seeing that this Court have never directed the additional punishment, and from the doubts I entertain upon the subject, I cheerfully acquiesce with by brethren in considering the latter Act as repealing the former. As, however, we are of opinion that there was probable ground or cause of prosecution, the costs must be paid.

The Court awarded that the judgment be arrested, and that the prisoner be discharged from confinement on payment of costs. They afterwards, upon the application of the defendant’s counsel, ordered him to be sold to pay the costs. See State v. Negro Absolom, antea.

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Per Curiam. Booth, C. J.

I have great doubts upon my mind, but I am rather inclined to consider the Servitude Act as cumu[40]*40lative. The latter part of the fifth section creates doubt. But seeing that this Court have never directed the additional punishment, and from the doubts I entertain upon the subject, I cheerfully acquiesce with by brethren in considering the latter Act as repealing the former. As, however, we are of opinion that there was probable ground or cause of prosecution, the costs must be paid.

The Court awarded that the judgment be arrested, and that the prisoner be discharged from confinement on payment of costs. They afterwards, upon the application of the defendant’s counsel, ordered him to be sold to pay the costs. See State v. Negro Absolom, antea.

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Bluebook (online)

2 Del. Cas. 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-tyre-paqtrsessdelawa-1808.