Philadelphia County Court of Common Pleas, 1837

Warner v. Bancroft

Warner v. Bancroft
Philadelphia County Court of Common Pleas · Decided May 13, 1837 · Pee
2 Miles 95

Counsel

McLaughlin, for the rule.

Warner v. Bancroft

Opinion of the Court

Pee Curiam.

There is no express direction in the acts of assembly to grant this application. The 26th section of the act *96of 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.