Legal Opinion

President of the Schuylkill Navigation Co. v. Thomas

Supreme Court of Pennsylvania

Decided January 9, 1826Published

IN ERROR. The first of these cases was a writ of error to the Court of Common Pleas of Montgomery county, in an amicable suit, brought by Mel Thomas and others, plaintiffs below, against the Schuyl-Jeill Navigation Company, and the matters in dispute were referred to referees, under the act of assembly by which the company was incorporated, and its several supplements. The referees reported various sums to the plaintiffs below.

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IN ERROR. The first of these cases was a writ of error to the Court of Common Pleas of Montgomery county, in an amicable suit, brought by Mel Thomas and others, plaintiffs below, against the Schuyl-Jeill Navigation Company, and the matters in dispute were referred to referees, under the act of assembly by which the company was incorporated, and its several supplements. The referees reported various sums to the plaintiffs below. The defendants appealed from the report of the referees, Cadwallader Evans, the President of the Company, having first paid all the costs that had accrued, and filed…

1Opinion of the Court

The opinion of the court was delivered by

Tilghman, C. J.

There is but a single point in this case, but that is of great importance to the Schuylkill Navigation Company. The question is, whether, in case of a suit brought against this company, and judgment rendered against them, they may appeal, without giving security for debt, interest, and costs, on affirmance of the judgment, according to the provision of the act, ec relative to suits brought by or against corporations,” passed the 22d of March, 1817. This act (sect. 4,) is expressed in such general terms, as to include all corporations,…

2Cases cited1 opinion

  1. Washington & Pittsburg Turnpike Co. v. Cullen & CraneSupreme Court of Pennsylvania · 1822

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