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COMMONWEALTH v. MILLER (ET AL. (04/16/59)

April 16, 1959

COMMONWEALTH
v.
MILLER (ET AL., APPELLANT).



Appeals, Nos. 44 to 47, inclusive, Oct. T., 1959, from orders of Court of Quarter Sessions of the Peace of Philadelphia County, April T., 1954, No. 19, Feb. T., 1957, No. 2, May T., 1957, No. 28, and May T., 1956, No. 10, in cases of Commonwealth of Pennsylvania v. James Miller et al.; Same v. Ruth Ann Kevlock et al.; Same v. Mary Brown et al.; and Same v. Arthur Harris et al. Orders reversed.

COUNSEL

Herman Blumenthal, for appellant.

Shirley S. Bitterman, Assistant City Solicitor, with her James L. Stern, Deputy City Solicitor, and David Berger, City Solicitor, for appellee.

Before Rhodes, P.j., Hirt, Wright, Woodside, Ervin, and Watkins, JJ. (gunther, J., absent).

Author: Ervin

[ 189 Pa. Super. Page 346]

OPINION BY ERVIN, J.

These appeals were taken from four separate orders of the court below denying appellant's petitions to strike off judgments of forfeiture entered upon bonds, each of which contained a condition similar to the following: "... conditioned that Ruth Ann Kevlock be and appear at the present term Court of Oyer and Terminer and Quarter Sessions of the Peace for the City of Philadelphia, then and there to answer all such charges as may be preferred against the said Ruth Ann Kevlock and to abide and not depart the Court without leave, then this recognizance to be void and of no effect, otherwise to remain in full force and virtue." The facts, which were not disputed, were set forth in the petitions to strike and no additional testimony was taken.

The appellant is a bondsman who posted separate bonds for four defendants, each bond containing a condition as above stated. Subsequent to the end of the

[ 189 Pa. Super. Page 347]

    term to which each bond referred, it was marked forfeit by the clerk of the court and respited. Thereafter, as each defendant was called for trial and not produced, bail was sued out and judgment of forfeiture entered.*fn1

The bond of James Miller, defendant, was dated September 17, 1951. The term of the bond ended with the first Monday in October. The original entry of forfeiture was made on October 28, 1951, and the forfeited bond was respited. When the case was called for trial on November 10, 1953, the defendant did not appear. Judgment was entered on the forfeited bond on April 26, 1954. On April 22, 1958 appellant filed her petition to strike.

The bond of Mary Brown, defendant, was dated May 2, 1956. The term of the bond ended with the first Monday in June. The original entry of forfeiture was made on June 30, 1956, and the forfeited bond was respited. When the case was called for trial on February 27, 1957, the defendant did not appear. Judgment was entered on the forfeited bond on May 31, 1957. On January 14, 1958 appellant filed her petition to strike.

The bond of Arthur Harris, defendant, was dated November 20, 1954. The term of the bond ended with the first Monday in December. The original entry of forfeiture was made on January 3, 1955, and the forfeited bond was respited. When the case was called for trial on February 16, 1956, ...


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