Reports of Cases Adjudged in the Supreme Court of Pennsylvania, 1889, Vol. 17 (Classic Reprint)
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Excerpt from Reports of Cases Adjudged in the Supreme Court of Pennsylvania, 1889, Vol. 17 The defendant excepted to the opinion of the court, admitting in evidence the record of this conviction and sentence: and, also, requested the court to charge the jury, - 1. That the present action of debt, having been brought on a sentence and judgment of the Court of General Quarter Sessions of the peace of Franklin county, on an indictment against Benjamin Eby for fornication and bastardy with Matty Burkholder, the plaintiff, cannot be supported. 2. That the said indictment, and the trial, sentence, judgment and all other the proceedings thereon, being in the name of the commonwealth, this action cannot be sustained. 3. That the sentence and judgment of the court is that Benjamin Eby pay so much for the support of a bastard child, and not generally so much to Matty Burkholder, and therefore the present action does not lie. 4. That the sentences and judgments of the Court of Quarter Sessions are enforced by imprisonment of the defendant until complied with; or by his entering into recognizances conditioned for their performance, which may be sued, and that no other modes of enforcing obedience are known to the law; and that, consequently, this action cannot be supported. On the above points the court charged the jury as follows that it is the opinion of the majority of the court that on the proceedings of the Court of Quarter Sessions, sentence, c., as above, this action can legally be sustained. Crawford, for the plaintiff in error. - The mode of enforcing obedience is by imprisonment. In criminal cases the court are bound to pursue the mode pointed out by the act of assembly. By the act of 1705, the security is not to be given to the mother. Com. Dig. 250, says not paying is a contempt. She had no vested interest. The overseers were to pay the person who should take care of the child. The defendant, in a case of this kind, may be discharged as an insolvent only by a special act which shows the sentence does not create a debt. He cited 2 Dall. 123, that to maintain an action it must be a civil judgment between the parties. Dunlop, contra, cited 1 Chitt. 102. 3 Com. Dig. 363. Debt, A. 2. Bull. N. P. 163. The opinion of the court was delivered by Gibson, C. J. - All the exceptions are resolvable into one that debt does not lie on the sentence of the Court of Quarter Sessions. It is said this action lies for money due only on a contract express or implied. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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