Legal Opinion

Clarke v. M'Anulty

Supreme Court of Pennsylvania

Decided September 29, 1817PublishedCited by 4 opinions

In Error. ERROR to the Common Pleas of Franklin county. brought this action of covenant to January Term, 1801, in which the. first count of the declaration set forth, “ that whereas the said George “ Clarke, on the 27th day of October, in the year of our Lord, “ 1783, at the county aforesaid, made his deed in writing, “ with the proper hand of the said George Clarke signed, “ and with his seal sealed, and which the said John here “ into Court brings, whose date is the same…

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In Error. ERROR to the Common Pleas of Franklin county. brought this action of covenant to January Term, 1801, in which the. first count of the declaration set forth, “ that whereas the said George “ Clarke, on the 27th day of October, in the year of our Lord, “ 1783, at the county aforesaid, made his deed in writing, “ with the proper hand of the said George Clarke signed, “ and with his seal sealed, and which the said John here “ into Court brings, whose date is the same day and year “ aforesaid, by which deed of writing obligatory, the said “ George Clarke, in consideration of the sum of…

1Opinion of the Court

Tilghman C. J.

While this cause was depending in the Court of Common Pleas, it was submitted to arbitrators, who made an award in favour of Clarke, the defendant. The plaintiff, M-Anulty, appealed from the award, and entered into a recognisance, with security.

1. It is objected, that this recognisance was not according to law, and therefore the appeal was not well entered. The act of 20th March, 1810, § 12. directs, thatwhere the plaintiff appeals, he shall be bound in a recognisance with sureties, the condition of which shall be, “ that if he shall not recover, in the event of the suit, a sum…

2Cited by4 opinions

  1. Morgan v. Hann. & St. Jo. R. R.Supreme Court of Missouri · 1876
  2. Sleck v. KingSupreme Court of Pennsylvania · 1846
  3. Patton v. McFarlaneSupreme Court of Pennsylvania · 1832
  4. Cochran v. ParkerSupreme Court of Pennsylvania · 1821

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