Mankey v. Stocking

Citations

• 213 Pa. 299
• 62 A. 913
• 1906 Pa. LEXIS 467

Syllabus

<p>Insolvency — Bond—Capias—Estoppel—Acts of June 16, 1836, P. L. 729, and June 4, 1901, P. L. 404.</p> <p>Where a capias ad satisfaciendum is issued on a judgment for slander, and the defendant with the knowledge and consent of the plaintiff’s counsel enters the bond as provided by the Act of June 16, 1836, P. L. 729, to take the benefit of the insolvency laws, and not the bond as provided by the Act of June 4, 1901, P. L. 404, and subsequently takes the benefits of the act of 1836 by proceedings in court in the presence of, and without the objection of plaintiff’s counsel, the plaintiff cannot thereafter maintain a suit against the surety on the bond on the ground that the act of 1901 had repealed the act of 1836, and that the proceedings in court were wholly null and void. If such proceedings were void the bond also was void, and no suit could be maintained upon it.</p>