Pennypacker v. Dear
Supreme Court of Pennsylvania
Rule for penalties under act of May 25, 1874, in appeal and certiorari, No. 176, July T., 1894, from C. P. No. 4, Phila.
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Rule for penalties under act of May 25, 1874, in appeal and certiorari, No. 176, July T., 1894, from C. P. No. 4, Phila. Co. Plaintiff in his petition for the rule averred that he recovered a verdict and judgment for $96.03; that after judgment was entered, defendant offered him $55.00 in settlement of the case, declaring that, if the same was not accepted, he would appeal the case ; that plaintiff declined the offer, whereupon defendant took an appeal to the Supreme Court, the record being certified on August 14, 1894, defendant making affidavit that his appeal was not for delay. Plaintiff…
1Opinion of the Court
Per. Curiam,
The act of May 25th, 1874, Purdon, 793, pi. 33, provides that “ In all cases in which a writ of error or an appeal from a decree in equity shall delay the proceedings on the judgment of the inferior court, and in the opinion of the Supreme Court the same shall have been sued out merely for delay, damages at the rate of six per cent per annum shall be awarded upon the amount of said judgment or decree by the Supreme Court *286and an attorney fee of twenty dollars and the cost of printing the paper-book of the defendant in error or appellee, shall be taxed and collected as part of the…
2Cited by3 opinions
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- Martin v. RiderSupreme Court of Pennsylvania · 1897
- Wolf v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1897