Walker v. Graham
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county: Of May Term 1873, No. 66. On the 12th of October 1871, Harrison Graham brought an action of assumpsit against Asahel C. Walker and Samuel Walker, partners, &c. Arbitrators, under a rule of reference taken out by the plaintiff, found an award for $354.20 in his favor. The defendants entered an appeal, and according to the record, the costs were “ Paid prothonotary by defendants by draft.”
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Error to the Court of Common Pleas of Lancaster county: Of May Term 1873, No. 66. On the 12th of October 1871, Harrison Graham brought an action of assumpsit against Asahel C. Walker and Samuel Walker, partners, &c. Arbitrators, under a rule of reference taken out by the plaintiff, found an award for $354.20 in his favor. The defendants entered an appeal, and according to the record, the costs were “ Paid prothonotary by defendants by draft.” On a rule to show cause on the application of the plaintiff, the court (Livingston, P. J.) struck off the appeal upon the ground that 'the costs had not…
1Opinion of the Court
The opinion of the court was delivered, May 30th 1873, by
Williams, J. —
The Arbitration Act of 1836 makes the payment of all costs, that may have accrued in the action, a condition precedent to an appeal from an award of arbitrators. The payment of the taxed costs is therefore indispensable to the perfection and validity of the appeal. But the prothonotary has no right to accept anything but money or cash in payment of costs ; and, therefore, no valid appeal can be taken from an award of arbitrators if the costs are paid by note, check or draft, or in anything but actual cash: Ellisen v.…
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