Commonwealth v. Novek

Citations

• 59 Pa. Super. 516
• 1915 Pa. Super. LEXIS 110

Syllabus

<p>Courts — Municipal court of Philadelphia county — Jurisdiction—Suits on bail bonds — Acts of April 22, 184-6, P. L. 477, and July 12,1918, P. L. 711.</p> <p>1. The Act of July 12, 1913, P. L. 711, establishing the municipal court in the county of Philadelphia modifies the Act of April 22, 1846, P. L. 477, so far as the latter act relates to the exclusiveness of the jurisdiction of the courts of quarter sessions and oyer and terminer over suit under cognizance of bail, and gives to the municipal court concurrent jurisdiction over such suits.</p> <p>Recognizance■ — Action on — Collateral attach on judgment — Lost recognizance.</p> <p>2. In an action on a recognizance of bail for appearance, a judgment of forfeiture of the recognizance cannot be collaterally attacked on the ground that the magistrate had no authority to issue a warrant against the principal in the bond for desertion, and hold him to appear in court upon that charge, because the information on which the warrant issued only charged nonsupport.</p> <p>3. In an action upon a recognizance of bail no question can be raised on appeal as to the insufficiency of the evidence to establish the loss of the recognizance and its contents, if it appears that there had been no request in the municipal court for special findings of fact on that subject.</p>