Means v. Trout
Supreme Court of Pennsylvania
IN ERROR. This was a writ of error to the Court of Common Pleas of Mercer county, in a suit brought by Jacob Trout, the plaintiff below, and the defendant in error, against Thomas Means, the plaintiff in error. The defendant arbitrated the case, and an award was rendered in favour of the plaintiff, for forty-seven dollars and eighty-two cents.
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IN ERROR. This was a writ of error to the Court of Common Pleas of Mercer county, in a suit brought by Jacob Trout, the plaintiff below, and the defendant in error, against Thomas Means, the plaintiff in error. The defendant arbitrated the case, and an award was rendered in favour of the plaintiff, for forty-seven dollars and eighty-two cents. The defendant appealed, and in the recognizance, he and his surety were bound in one hundred and fifty dollars on condition, that if the plaintiff, Jacob Trout, shall obtain a judgment more favourable to him in the event of the suit, he will pay all…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
The recognizance is undoubtedly bad: but the question is, whether the appellee has pursued the proper course. Great hardship has, I fear, been suffered in consequence of the strictness with which these matters have been considered in this court. When bail has been defectively given within the period prescribed, there can be neither injustice nor hardship in suffering the appellant to perfect it as soon as the defect is discovered. Such a practice would be in analogy to bail at the common law. On the other hand, if a defect in the…
2Cited by2 opinions
- Bream v. SpanglerSupreme Court of Pennsylvania · 1841
- Sleck v. KingSupreme Court of Pennsylvania · 1846