Author: Henry E. Wallace

Publisher: Forgotten Books

Published: 2017-11-16

Total Pages: 332

ISBN-13: 9780265005217

Excerpt from Pennsylvania Law Journal, 1842, Vol. 1: Containing Judge Randall's Decisions in Bankruptcy It was upon this view of t e matter, the 87th rule of this Court was adopted. We do not refuse to allow a defendant to enter special bail merely because he has neglected to offer it until an execution has been sued out a ainst him; because the equity of the act extends to such a case, alt ough the letter of it does not. - Nor do we set aside an execution as matter of course and without terms and at any time within the thirty days, because not only the defendant has lost his legal right by his de a but the plaintiff has acquired a lien upon the defendant's goods. Sides it would be inconvenient in practice to interpose at any time and in every stage of the proceedings, and set them aside on the defendant's motion, and he has no right to ask the Court or the Opposite party to submit to inconvenience which he could have prevented by entering security without delay. Accordingly, this Court has declared by the rule before mentioned, that if the defendant intends to enter special bail for the stay of exe cation during thirty days, he shall enter it within seven days from'the rendition of the judgment, and if an execution has been issued, the defendant shall pay the costs of the writ and of the proceedings un der it - Yet if the defendant has allowed seven days to elapse from the rendition of the judgment, he may still enter absolute security for the sum recovered, at any time within thirty days from the rendition of the judgment and thereby obtain a stay of execution during the period allowed by law in such a case. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.