Pennsylvania Central Insurance v. Gaus
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Olinton county: Of May Term 1879, No. 5. Assumpsit by John Gaus against the Pennsylvania Central Insurance Company. The summons in this case issued the 21st of December 1875, and judgment was entered for plaintiff January 10th 1876. On July lOtli 1877, defendants obtained a rule to show cause why said judgment should not be opened.
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Error to the Court of Common Pleas of Olinton county: Of May Term 1879, No. 5. Assumpsit by John Gaus against the Pennsylvania Central Insurance Company. The summons in this case issued the 21st of December 1875, and judgment was entered for plaintiff January 10th 1876. On July lOtli 1877, defendants obtained a rule to show cause why said judgment should not be opened. The writ of error was not taken until June 10th 1878. The case was not finally disposed of until January 7th 1878. See Camp v. Welles, 1 Jones 206; Dawson’s Appeal, 3 Harris 480; Purd. Dig. 608. The writ of error was clearly…
1Opinion of the CourtJustice Paxson
The plaintiffs are too late with their writ of error. The Act of April 1st, 1874, Pamph. L. 50, provides, “That from and after the date of the passage of this act, no fine or common recovery, nor any judgment in any real, personal or mixed action, nor any appeal from the Register’s Court, shall be avoided or reversed for any defect or error therein, unless the writ of error be commenced, or the appeal be brought and prosecuted with effect, or the certiorari taken, as the case may be, within two years after such fines levied, common recovery suffered, judgment signed or entered of record, or…
2Cited by2 opinions
- Barlott v. ForneySupreme Court of Pennsylvania · 1898
- Clarion, M. & P. R. v. HamiltonSupreme Court of Pennsylvania · 1889