Page v. J. C. McNaughton Co.
Superior Court of Pennsylvania
Appeal, No. 88, Nov. T., 1896, by defendants, from judgment of C. P. N. 1, Plaila. Co., March T., 1896, No. 687, in favor of plaintiff for want of a sufficient affidavit of defense. Assumpsit to recover the price of nineteen carloads of lumber. Judgment for want of a sufficient affidavit of defense. Damages assessed for $954.01. It appeared from the record that no bail for costs was given in tills case and a rule to quash was filed.
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Appeal, No. 88, Nov. T., 1896, by defendants, from judgment of C. P. N. 1, Plaila. Co., March T., 1896, No. 687, in favor of plaintiff for want of a sufficient affidavit of defense. Assumpsit to recover the price of nineteen carloads of lumber. Judgment for want of a sufficient affidavit of defense. Damages assessed for $954.01. It appeared from the record that no bail for costs was given in tills case and a rule to quash was filed. Error assigned was, making absolute the rule on defendants to show cause why judgment should not be entered for want of a sufficient affidavit of defense.
1Opinion of the Court
Per Curiam,
“ An appeal to the Superior Court must be taken and perfected within three calendar months from the date when the judgment, sentence, order or decree appealed from was entered in the court below, otherwise the appeal shall be quashed on motion ; ” Act of June 24, 1895, P. L. 218, sec. 8. An appeal is perfected when the prescribed affidavit has been filed and bail has been given for costs, but to operate as a supersedeas a bond must be filed conditioned to pay, not only the costs, but also whatever judgment or decree may be entered against the appellant, either in the Superior Court…
2Cases cited1 opinion
- Marks v. BakerSuperior Court of Pennsylvania · 1896
3Cited by2 opinions
- Irwin v. HanthornSuperior Court of Pennsylvania · 1897
- Commonwealth v. City National Bank, Pennsylvania Court of Common Pleas, Dauphin County1940