Carbaugh v. Sanders
Superior Court of Pennsylvania
Appeal, No. 25, March T., 1900, by defendant, from order of C. P. Adams Co., Aug. T., 1899, No. 34, quashing appeal from justice of peace. Per Curiam. Motion to quash an appeal from judgment of justice. It appears from the record that plaintiff obtained judgment for $54.70 before a justice of the peace.
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Appeal, No. 25, March T., 1900, by defendant, from order of C. P. Adams Co., Aug. T., 1899, No. 34, quashing appeal from justice of peace. Per Curiam. Motion to quash an appeal from judgment of justice. It appears from the record that plaintiff obtained judgment for $54.70 before a justice of the peace. Defendant having entered bail appealed, first having paid all the costs of the justice and the constable and other costs except $4.26 which were the costs of certain witnesses of the plaintiff. It appeared that the bail was entered in contravention of a rule of court forbidding attorneys at…
1Opinion of the Court
Per Curiam,
The defendant was not misled by any act or declaration of the justice. The latter demanded all the costs, as it was not only his right but his duty to do under the Act of June 24, 1885, P. L. 159, but the defendant through his counsel insisted that he was only compelled to jjay the justice’s and constable’s costs. A direction contained in a statute, though couched in merely premissive language, will not be construed as leaving compliance optional, where the good sense of the entire enactment requires its provisions to be deemed compulsory. The intent is to be judged of by the…
2Cases cited1 opinion
- Kerr v. MartinSupreme Court of Pennsylvania · 1888
3Cited by13 opinions
- New Castle Metal Products Co. v. CampbellSuperior Court of Pennsylvania · 1938
- Apollo Borough v. ClepperSuperior Court of Pennsylvania · 1910
- Lentz v. Kittanning Real Estate Co.Superior Court of Pennsylvania · 1919
- Perin v. GochnauerSuperior Court of Pennsylvania · 1953
- Dougherty v. GreggsSuperior Court of Pennsylvania · 1946
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