Cawley v. Bohan
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF LUZERNE COUNTY. No. 237 January Term 1888, Sup. Ct.; court below, No. 59 February Term 1887, C. P. On January 10, 1887, an appeal was taken by the defendant from the judgment of a justice of a peace in an action by Paul Bohan against Thomas Cawley. The transcript, filed on January 14, 1887, showed: Summons returned.
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ERROR TO THE COURT OF COMMON PLEAS OF LUZERNE COUNTY. No. 237 January Term 1888, Sup. Ct.; court below, No. 59 February Term 1887, C. P. On January 10, 1887, an appeal was taken by the defendant from the judgment of a justice of a peace in an action by Paul Bohan against Thomas Cawley. The transcript, filed on January 14, 1887, showed: Summons returned. On oath of Lial Brown, constable, served......And now Friday, the tenth day of December, 1886, at 4 o’clock P. M., plaintiff appears and asks for adjournment until six o’clock on Friday, the 17th day of December, 1886. Now, December 17, 1886,…
1Opinion of the Court
Opinion,
Me. Justice Paxson :
The note upon which this suit was brought contained a waiver by the defendant of the right of appeal. He appeared before the justice upon the return day of the summons and denied his signature. He was not sworn, nor did he file any affidavit containing such denial. It was sufficient, however, to compel the plaintiff to obtain a continuance, for the purpose of proving the signature. This he did at the adjourned hearing, the defendant not appearing, and the justice gave a judgment for the plaintiff.
It thus appears from the transcript of the justice that the defendant…
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