Stanko v. Bianucci

Citations

• 74 Pa. Super. 508
• 1920 Pa. Super. LEXIS 184

Syllabus

<p>Insolvency — Bond—Insolvent’s petition — Postponement — Affi~ davit of defense — Sufficiency.</p> <p>Where a defendant, arrested on a capias, enters into a recognizance to appear on the first day of the next term of the court of common pleas, and present his petition for discharge, under the benefit of the insolvent laws, and upon that day appears, and for sufficient reasons obtains a continuance until the following term, his failure to present his petition upon the day named in the recognizance, does not work a forfeiture of his bond. In such case the debtor did everything that it was necessary for him to do to prevent the forfeiture, and the court had authority to grant the continuance.</p>