Legal Opinion

Beale v. Dougherty

Supreme Court of Pennsylvania

Decided July 22, 1811PublishedCited by 2 opinions

in ERROR. Xt is not necessary that an appeal from the judgment of a justice should be .entered on the prothonotary’s docket within twenty days after the judgment. The appeal must be made within that time; but the entiy on the ' docket is in time on any day before the next term of the Common Pleas. A writ of error lies to an order of the Common Ideas, in the nature of a judgment, dismissing an ap, peal from the judgment of a magistrate.

Read the full summary

in ERROR. Xt is not necessary that an appeal from the judgment of a justice should be .entered on the prothonotary’s docket within twenty days after the judgment. The appeal must be made within that time; but the entiy on the ' docket is in time on any day before the next term of the Common Pleas. A writ of error lies to an order of the Common Ideas, in the nature of a judgment, dismissing an ap, peal from the judgment of a magistrate. THE plaintiff in error appealed from the judgment of an alderman on the 24th of August 1808, the day on which the judgment had been rendered against him for 50…

1Opinion of the Court

Tilghman C. J.

In this case there was an appeal from the judgment of a justice of the peace, and security given according to law, on the same day the judgment was rendered, 24th August 1808. But the appeal was not entered on the docket of the prothonotary of the court of Common Pleas Until the 14th of September, which was prior to the commencement of the term next succeeding the judgment. The court of Common Pleas dismissed the appeal, because it was ■not entered on the docket within twenty days from the time •of the judgment.

The act of 28th March 1804 section 4, allows twenty days ■for…

2Cases cited2 opinions

  1. Thaxter v. WestonMassachusetts Supreme Judicial Court · 1807
  2. Melvin v. BridgeMassachusetts Supreme Judicial Court · 1807

3Cited by2 opinions

  1. Eslava v. RigeaudSupreme Court of Alabama · 1842
  2. In Re: Order Amending Rules 501, 514-516, 1001, 1002, and 1005, and Adopting Rule 514.1 of the Pennsylvania Rules of Civil Procedure Governing Actions and Proceedings Before Magisterial District JudgesSupreme Court of Pennsylvania · 2020

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API