Matz v. Haug

Citations

• 80 Pa. Super. 583
• 1923 Pa. Super. LEXIS 214

Syllabus

<p>Insolvent debtors — Discharge—Act of June 1, 1915.</p> <p>On petition to discharge a prisoner arrested on civil process, under the provisions of the Act of June 1, 1915, P. L. 704, section 4, the court may exercise its discretion and discharge a petitioner if it is satisfied that the facts warrant such action, or it may refuse the petition if sixty days have not elapsed from the date of the commitment.</p> <p>A proper construction of the language of the act means that the court may exercise its discretion and may consider the character of the action in arriving at its conclusion, but is not compelled to discharge the defendant unless sixty days have expired. Before the expiration, of sixty days the discharge is a matter of grace; after that it is ajnatter of right.</p>