Stout v. Quinn

Citations

• 9 Pa. Super. 179
• 1899 Pa. Super. LEXIS 2

Syllabus

<p>Appeals — Practice, Superior Court — Independent and collateral matters improperly combined in one appeal.</p> <p>It is error to combine in one appeal independent and collateral proceedings in which only two of several appellants are concerned, and an assignment of error and appeal so far as relating thereto will be dismissed.</p> <p>Appeals — Practice, Superior Court — Defective assignments — Omission to except to charge, etc.</p> <p>Assignments alleging error in the instructions of the court below will not be-considered when no exceptions were taken to the charge or request made to have it filed before verdict rendered and the trial judge refuses to certify to the stenographer’s notes.</p> <p>Appeals — Refusal of insolvent's discharge — Discretion of court — Record.</p> <p>Where the dismissal of a petition, for the discharge of an insolvent, is assigned for error on appeal and no exception was taken to the order, and the original petition and schedules are not printed, the appellate court is unable to say whether objections thereto are well founded. If the petition was dismissed because, in the judgment of (he court, the evidence given on the hearing showed that the petitioners were not entitled to be discharged, the decision of the court below is conclusive and not reviewable by the appellate court; the evidence given on the hearing does not come up with the record.</p> <p>Execution — Capias ad satisfaciendum — Practice, C. P.</p> <p>It is too late to question the legality of an arrest upon ca. sa. when the motion is not made until after the return of the writ and discharge of defendant upon bond given for appearance and not until, after hearing, his petition for discharge had been refused.</p> <p>Bail bond — Failure of obligor to surrender himself.</p> <p>On the refusal of the court to discharge a petitioner as an insolvent, it becomes his duty to surrender himself to prison in discharge of his bail without any order of the court for that purpose. A mere repo