Mandeville v. Mandeville

Searle, P. J.,

This matter is a rule to strike off appeal from award of arbitrators because of the failure of appellant to pay all costs at the time of appeal.

The case was assumpsit and was so proceeded with that arbitrators were chosen on a rule entered by plaintiff, the case fully heard by them and their award filed on Jan. 10, 1928, finding in favor of the plaintiff in the sum of 8306.80.

Prom this award the plaintiff appealed on Jan. 23, 1928. On Peb. 6, 1928, defendant obtained a rule to show cause why the appeal should not be stricken off for failure of the plaintiff to pay all the eosts…