Legal Opinion

Serfass v. Stevenson

Superior Court of Pennsylvania

Decided November 14, 1898Published

Petition by appellee filed, and rule granted to show cause why the penalty in section 21 of the Act of May 19, 1897, P. L. 67, should not be awarded. Appeal by plaintiff from judgment of C. P. No. 4, Phila. County. The petition was as follows: “ 1. The appeal was sued out merely for delay. “ 2. The case was in replevin instituted to recover possession of personal property levied upon for rent under a written lease.

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Petition by appellee filed, and rule granted to show cause why the penalty in section 21 of the Act of May 19, 1897, P. L. 67, should not be awarded. Appeal by plaintiff from judgment of C. P. No. 4, Phila. County. The petition was as follows: “ 1. The appeal was sued out merely for delay. “ 2. The case was in replevin instituted to recover possession of personal property levied upon for rent under a written lease. That on or about the time the writ was handed to the sheriff, the said appellant admitted in writing that his proceeding was simply for delay, the following being a copy of the…

1Opinion of the Court

Per Curiam,

Now, November 14, 1898, the rule to show cause granted October 10, 1898, is made absolute, and an additional attorney fee of $25.00 is awarded to the appellee in accordance with the provisions of the Act of May 19, 1897, sec. 21.*

See Bromley v. Lippincott, 184 Pa. 462.

2Cases cited1 opinion

  1. Bromley v. LippincottSupreme Court of Pennsylvania · 1898

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