Warner v. Bancroft

2 Miles 95

• Court: Pennsylvania Court of Common Pleas, Philadelphia County
• Decided: May 13, 1837
• Status: Published

Opinion

Pee Curiam.

There is no express direction in the acts of assembly to grant this application. The 26th section of the act of 13th June, 1836, relates to the insolvency of the special bail» on original process, and the issuing of a special writ of capias ad respondendum. Whether the court have general power to interfere, according to this application, it is unnecessary to determine, inasmuch as the mere giving of a bond to take the benefit of the insolvent laws, in the absence of a statutory provision to that effect, is not evidence of actual insolvency sufficient to induce an inquiry as to the power of the court.

Rule discharged.