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>
Judges: Head, Henderson, Keller, Orlady, Porter, Trenler, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.