Commonwealth v. Grimes

Citations

• 116 Pa. 450
• 9 A. 665
• 1887 Pa. LEXIS 411

Syllabus

<p>1. A special verdict must be accepted as the complete result of the jury’s deliberation upon the whole case; and it cannot be aided by the evidence, or by any extrinsic matter. The judgment entered thereon must be the logical legal conclusion to be drawn from what the jury has placed upon the record as the specific, exact and complete facts of the case.</p> <p>2. In a proceeding for the benefit of the insolvent laws, the petitioner is the actor. Under the condition of his bond, he is bound to keep in motion the proceedings which are to result in Ms discharge, provided in §§ 9 to 15 inclusive of the act of June 16, 1836, P. L. 733.</p> <p>3. The bond of the petitioner is not an engagement to the court, but an obligation prescribed by statute as a security for creditors, and there is no power in the court to relieve from its provisions.</p> <p>4. A prisoner gave bond for his appearance to present his petition for the benefit of the insolvent laws, and was released from- custody. At the next term, though no day had been designated by the court, notice had been given for a day certain, and on that day the petitioner was discharged. Subsequently the order of discharge was revoked and petitioner permitted to surrender himself. This he did not do, but filed a new petition and bond. In an action irpon the original bond, held, that by the petitioner’s failure to proceed upon Ms original petition the bond was forfeited.</p>