Pflaum v. McClintock

Citations

• 130 Pa. 369
• 18 A. 734
• 1889 Pa. LEXIS 1196

Syllabus

<p>(а) The petition of the defendant in a judgment upon a bond, given in settlement of a criminal prosecution for fornication and bastardy, averred that the bond had been executed while the defendant was in prison under arrest, and was conditioned for the support of the child to be born.</p> <p>(б) It was averred, also, that the obligor was innocent of the offence charged, and that no living child had been born of the obligee, who had died'unmarried and without issue, before judgment had been entered upon the bond.</p> <p>1. In such case, the bond in question was given for a good consideration, the duress complained of was the duress of the law, and it was not error to refuse the petitioner a rule to show cause why the judgment should not be opened, etc.</p>