Commonwealth v. Hickey

Citations

• 172 Pa. 39
• 33 A. 188
• 1895 Pa. LEXIS 727

Syllabus

<p>Principal and surety — Bail bond — Acknowledgment—JEmdence.</p> <p>In an action upon a bail bond where the defendant in Ms affidavit of defense denied having signed the paper or authorized any one to sign it for Mm, a mere offer of the paper without any proof of the fact of the signing or the acknowledgment is insufficient.</p> <p>In an action upon a bail bond an offer to prove that defendant directed his son to sign the paper and that after this was done the bond was taken to a justice of the peace who was not present when it was signed, and that the justice certified that it was taken and subscribed before him, is incompetent. The magistrate could not legally certify that he had done an act which he had not done.</p>