Boyce v. Wilkins
Supreme Court of Pennsylvania
In Error. ERROR to the Court of Common Pleas of Allegheny County» This was an action of debt brought by Boyce, the plaintiff below, and was referred to arbitrators under the act of 20th March, 1810, who made an award in favour of the defendant. The plaintiff appealed, and a recognisance was entered into by John H. Chapin, for prosecuting the appeal with effect.
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In Error. ERROR to the Court of Common Pleas of Allegheny County» This was an action of debt brought by Boyce, the plaintiff below, and was referred to arbitrators under the act of 20th March, 1810, who made an award in favour of the defendant. The plaintiff appealed, and a recognisance was entered into by John H. Chapin, for prosecuting the appeal with effect. The Court below, on the defendant’s motion, struck off the appeal, because the plaintiff did not join in the recognisance.
1Opinion of the Court
The opinion of the Court was delivered by
Gibson J.
It is impossible to distinguish this case from *330Cavence v. Butler, 6 Binn. 52, in which, under the 4th section of the one hundred dollar act, which directs, that where ' the defendant is the appellant, “ he Shall be bound with security in the nature of special bail,” it was held, that the act was satisfied by the defendant’s finding surety -without joining in the recognisance. The 12th section of the arbitration act, on which the point here turns, directs, “ that where the plaintiff is the appellant, he shall by himself, his agent, or attorney,…
2Cases cited1 opinion
- Cavence v. ButlerSupreme Court of Pennsylvania · 1813