Legal Opinion · Dissent

Manton v. Marini

Superior Court of Pennsylvania

Decided June 22, 1971No. Appeal, 1737Published

1Dissent

Dissenting Opinion by

Wright, P. J.:

Appellant’s appeal, and an appeal bond of $15,-804.00, were filed with the prothonotary of the trial court well within the twenty-day statutory period. This bond was conditioned, upon failure in the appeal, for the payment of all costs. Appellant also forwarded a bank draft for the amount of costs shown by the docket to be due. Under these circumstances, to affirm the quashing of the appeal seems unduly harsh and inequitable. See my dissenting opinion in Fleisher v. Kaufman, 206 Pa. Superior Ct. 378, 212 A. 2d 846.

The law favors the right of appeal:…

2Cases cited6 opinions

  1. Smith CaseSupreme Court of Pennsylvania · 1955
  2. Womelsdorf v. HeifnerSupreme Court of Pennsylvania · 1883
  3. Fleisher v. KaufmanSuperior Court of Pennsylvania · 1965
  4. Romberger AppealSuperior Court of Pennsylvania · 1959
  5. Trexler v. AfricaSuperior Court of Pennsylvania · 1905

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