Greenwaldt v. Kraus

Citations

• 148 Pa. 517
• 24 A. 67
• 1892 Pa. LEXIS 1014

Syllabus

<p>Insolvent laws — Bond—Suit against surety — ■Failure of petitioner to appear — Subsequent surrender — Technicalities—Growth of the law.</p> <p>Where a petitioner for the benefit of the insolvent laws failed to appear on the day fixed for the hearing of the petition until after twelve o’clock, the hour at which the court adjourned, but subsequently came into court, and finding that the court had adjourned, proceeded at once to the county prison and surrendered himself to the keeper thereof in relief of his surety, the condition of the bond was complied with and there could be no recovery thereon against the surety.</p> <p>A comparison of the earlier with the later cases upon this subject may show a mellowing of the law, and that the latter pay less heed to technicalities than the former. This change runs all through our laws, civil and criminal. The law does not now wholly disregard technicalities, but it shrinks from impaling a man on sharp points which have no relation to the justice of the cause.</p> <p>Petition for benefit of insolvent laws — Insufficiency of — Too late to raise objection to, in suit on bond.</p> <p>While a petition for the benefit of the insolvent laws, which had appended to it a schedule of creditors containing the names of creditors and the amounts due but not the nature and character of the debts, is open to criticism as not strictly complying with the act of assembly, it is too late to raise such objection in a suit on the bond subsequently given, and which has been accepted by the obligee.</p> <p>Juridical day — Practice—Adjournment of court — Subsequent appearance of party.</p> <p>It may be conceded that a juridical day in Philadelphia county ends as to a party to a proceeding in the court, whose duty it is to be present, when he is called and fails to appear. The judge is not bound to wait until three o’clock, or any other hour, before he may proceed to visit upon a party the consequences of his default. At the same time it would appea