Kerr v. Martin
Supreme Court of Pennsylvania
error to the court op common pleas op clarion COUNTY. No. 3 October Term 1888, Snp. Ct.; court below, No. 75 January Term 1885, C. P. On November 17, 1884, an action of ejectment was begun by M. C. Martin and C. Meyer against Howard Kerr and wife, which was afterwards put at issue under the plea of not guilty.
Read the full summary
error to the court op common pleas op clarion COUNTY. No. 3 October Term 1888, Snp. Ct.; court below, No. 75 January Term 1885, C. P. On November 17, 1884, an action of ejectment was begun by M. C. Martin and C. Meyer against Howard Kerr and wife, which was afterwards put at issue under the plea of not guilty. On July 14,. 1887, arbitrators, chosen under a compulsory reference, filed an award in favor of the plaintiffs for the land in dispute, and judgment was entered thereon on the same day. On August 2d, the defendants appeared to enter an appéal from the award, but were without sureties to…
1Opinion of the Court
Opinion,
Mr. Justice Hand :
In the court below an action of ejectment was brought and an award of arbitrators obtained in favor of the plaintiffs. The defendants appealed from the award, filed their affidavit and recognizance for appeal, and paid all costs. The appeal ' complied strictly with the act of assembly. The plaintiffs’ attorneys obtained a rule to show cause why the appeal from the award should not be stricken off for the reason that the sheriff of Clarion county was the only surety upon the recognizance filed, and by virtue of the rule of court he was ineligible as bail, leave of…
2Cases cited2 opinions
- Koenig v. BauerSupreme Court of Pennsylvania · 1868
- Adams v. NullSupreme Court of Pennsylvania · 1843
3Cited by16 opinions
- New Castle Metal Products Co. v. CampbellSuperior Court of Pennsylvania · 1938
- Lentz v. Kittanning Real Estate Co.Superior Court of Pennsylvania · 1919
- Carbaugh v. SandersSuperior Court of Pennsylvania · 1900
- North Braddock Borough's Annexation CaseSuperior Court of Pennsylvania · 1936
- Dougherty v. GreggsSuperior Court of Pennsylvania · 1946
11 more not listed; retrieve them via the Exa API.