Supreme Court of Pennsylvania, 1849

McClelland v. Smith

McClelland v. Smith
Supreme Court of Pennsylvania · Decided September 15, 1849
12 Pa. 303

McClelland v. Smith

Opinion of the Court

Per Curiam.

As the Act of Assembly is silent as to the person who is to be the obligee, the bond was well taken in the name of the judge; but the condition of it exacts more than the law allows. By the Act he is required to give bond to appear; by the bond taken he is not only to appear, but to appear, answer, and abide the decision. In case of a second adjournment, there ought to be a. second bond. The one taken, therefore, is void.

Judgment affirmed.

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