McClelland v. Smith , 12 Pa. 303 ( 1849 )

Per Curiam.

As the Act of Assembly is silent as to the person who is to be the obligee, the bond was well taken in the name of the judge; but the condition of it exacts more than the law allows. By the Act he is required to give bond to appear; by the bond taken he is not only to appear, but to appear, answer, and abide the decision. In case of a second adjournment, there ought to be a. second bond. The one taken, therefore, is void.

Judgment affirmed.