Carr v. McGovern
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county: No. 152, to October and November Term 1870. To April Term 1870, James McGovern brought an action ofreplevin against William Carr and James Blondin. A rule of reference was taken out, and on the 15th of June 1870 the arbitrators filed their award, finding for the plaintiff.
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Error to the Court of Common Pleas of Allegheny county: No. 152, to October and November Term 1870. To April Term 1870, James McGovern brought an action ofreplevin against William Carr and James Blondin. A rule of reference was taken out, and on the 15th of June 1870 the arbitrators filed their award, finding for the plaintiff. On the 16th of June, Carr made and filed the proper affidavit for an appeal, and entered into a recognisance himself, but without any surety, in the sum of $100, and' paid $1.50 of the costs. The costs besides amounted to $22.41, as to which was the following docket…
1Opinion of the Court
The opinion of the court was delivered, November 14th 1870, by
Thompson, C. J.
— There was no appeal taken in this case by the plaintiffs in error from the award of arbitrators against them in the court below, in fact or in law. There was no recognisance taken and filed, such as the Act of Assembly requires, the appellant’s own recognisance only being taken without bail, and the costs taxed all remaining unpaid, with the exception of a small fraction, of $1.50, out of $22.41 taxed on the record. It is, perhaps, true that if the only objection had been to the defective recognisance, the court…
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