Gallagher v. Jackson
Supreme Court of Pennsylvania
In Error. ERROR to the Common Pleas of Luzerne county. The defendants in error, the plaintiffs below, brought an action against Peter Gallagher and John Evans, before a justice of the peace, upon which judgment, by default, was entered for the plaintiffs for 96 dollars 54 cents. Gallagher appealed within twenty days, and became bound with security, that he would “ prosecute his said appeal with effect, ac- “ cording- to law.”
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In Error. ERROR to the Common Pleas of Luzerne county. The defendants in error, the plaintiffs below, brought an action against Peter Gallagher and John Evans, before a justice of the peace, upon which judgment, by default, was entered for the plaintiffs for 96 dollars 54 cents. Gallagher appealed within twenty days, and became bound with security, that he would “ prosecute his said appeal with effect, ac- “ cording- to law.” Gallagher afterwards appeared in the Court of Common Pleas to prosecute his appeal, but a rule being obtained to show cause, why the appeal should not be struck off the…
1Opinion of the Court
Tilghman C. J.
The executors of Silas Jackson brought suit against Gallagher and Evans before a justice of the peace, and obtained judgment for 96 dollars 54 cents, and costs. Gallagher appealed, and gave security as required by law. In the Court of Common Pleas of iMzerne county, Gallagher appeared to prosecute the appeal, but Evans came into court in proper person, and requested that the appeal *493might be struck off, because it was entered without his consent. The court was of opinion, that an appeal could not be entered by one defendant against the will of the other, and therefore ordered it…
2Cited by3 opinions
- Reed v. Garvins's executorsSupreme Court of Pennsylvania · 1821
- Fotterall v. FloydSupreme Court of Pennsylvania · 1820
- Hartman v. StahlSupreme Court of Pennsylvania · 1830