Commonwealth v. Balsamo

Citations

• 72 Pa. Super. 182
• 1919 Pa. Super. LEXIS 277

Syllabus

<p>Criminal law — Forfeited recognizance — Insufficient affidavit of defense.</p> <p>Where there is a regular formal forfeiture of a recognizance, the liability of the recognizor is absolutely fixed thereby, and relief therefrom must be sought by petition to the court to respite the recognizance, for cause to be shown. It is not a good defense, to the forfeiture of the bond, to anticipate a defense which the defendant might have to a distribution to be made of the funds collected on the judgment.</p> <p>Where there has been a regular forfeiture of a recognizance, the objection to the designation of the plaintiff and the interest of the relator is not material to the issue, and does not constitute a valid defense.</p>