Berkstresser v. Commonwealth

Citations

• 127 Pa. 15
• 17 A. 680
• 1889 Pa. LEXIS 1073

Syllabus

<p>(a) The defendant in a desertion case was ordered to give security to the commonwealth to pay a weekly sum to his wife, the complainant, and to bo committed to the county jail until the order was complied with.</p> <p>(&) On the same day of the order, the defendant, with others as his sureties, executed a voluntary bond, acknowledged before the clerk, conditioned that the defendant should appear at the next Court of Quarter Sessions and give the required security.</p> <p>1. The said bond was a valid obligation, and, in the absence of an averment in the affidavit of defence that the defendant had complied with its condition or of any facts that in law were the equivalent of a surrender, the plaintiff in interest was entitled to summary judgment.</p>