Shortle v. Stockton
Supreme Court of Pennsylvania
ERROR to the common pleas of Crawford county. D. C. Stockton and others against D. and D. Shortle. The defendants in error, who were the plaintiffs below, brought an action of ejectment to February term 1834, for one hundred and seventy-five acres of land.
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ERROR to the common pleas of Crawford county. D. C. Stockton and others against D. and D. Shortle. The defendants in error, who were the plaintiffs below, brought an action of ejectment to February term 1834, for one hundred and seventy-five acres of land. A rule to arbitrate was entered ; an award filed in favour of the defendants in error on the 30th of March 1836 ; on the 18th of April 1836 D. Shortle, Jun. entered an appeal from the award ; subscribed his name to the affidavit and the recognizance, with Jacob Shorlle as bail; the statement of appeal, affidavit (signed by appellant) and…
1Per curiam
The oath ought to appear of record ; and no part of the evidence of it could be supplied by evidence of a lower degree. Neither can the attestation of the prothonotary’s name to the recognizance be referred to the affidavit, to which it does not purport to belong; and the court was therefore bound to quash the appeal.
Judgment affirmed.
2Cited by1 opinion
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