114 Pa. 490 | Pa. | 1886
delivered the opinion of the court,
There are three assignments of error in this case and we must sustain them all. The action was debt upon an insolvent bond, the breach alleged being that the debtor upon being refused his discharge failed to surrender himself to jail. The only question therefore was whether the bond had been forfeited by breach of condition. In trying that question it was of no sort of consequence that the debtor was seen in Canada in 1885, or that he was following any business there, or that he had gone to Baltimore and thence to Canada. The offers of testimony to prove these facts were entirely irrelevant and should have been rejected.
The defendants’ point fairly presented all the facts which, if found by the jury, established a full compliance with the condition of the bond, and it should have been affirmed as it stood. As a legal proposition upon the hypothetical facts stated it was undoubtedly true, and there was ample testimony in support of the facts. The point was refused “ because the law requires the order for commitment to be made by the judge who issued the warrant, and an application to the court in the absence of the judge who issued the warrant of arrest and a refusal of such court to grant the commitment, followed by the surrender of the person to the jailer is not a sufficient
The judgment reversed and a venire facias de novo awarded.