Legal Opinion

Merritt v. Smith

Supreme Court of Pennsylvania

Decided February 4, 1845PublishedCited by 1 opinion

Jan. 17. — Rule to show cause why defendant should not appeal from award without payment of costs in this action, which was assumpsit.

1Opinion of the CourtBurnside, J.

— Among the conditions imposed on an appellant from the award of arbitrators, in the act of the 16th March, 1836, are, that he, his agent or attorney, shall pay all the costs that may have accrued in such suit or action; and that he shall, within twenty days after the award is filed, enter into a recognisance by himself, his agent, or attorney, in the nature of special bail, with one or more sufficient sureties, conditioned agreeably to the provisions which the act prescribes. So the law stood until the legislature, on the 12th July, 1842, passed the act abolishing imprisonment for debt.…

2Cases cited1 opinion

  1. Beers v. West Branch BankSupreme Court of Pennsylvania · 1844

3Cited by1 opinion

  1. Swartz v. Capital Refrigeration, Inc., Pennsylvania Court of Common Pleas, Cumberland County1973

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