Koenig v. Bauer
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Philadelphia : No. 451, to January Term 1867. This was originally a landlord and tenant case, under the Act of December 14th 1863. The landlord obtained a judgment before the alderman. The defendant appealed, giving security for all damages and costs until final judgment, but not for all costs and rent accrued or that might accrue up to final judgment. The landlord issued a writ of possession and the tenant was ejected.
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Error to the Court of Common Pleas of Philadelphia : No. 451, to January Term 1867. This was originally a landlord and tenant case, under the Act of December 14th 1863. The landlord obtained a judgment before the alderman. The defendant appealed, giving security for all damages and costs until final judgment, but not for all costs and rent accrued or that might accrue up to final judgment. The landlord issued a writ of possession and the tenant was ejected. The landlord moved to strike off the appeal because of the defect in the recognisance. The defendant then asked leave to file the…
1Opinion of the Court
The opinion of the court was delivered by
Agnew, J.
It has been said so often that it will scarcely bear repeating, that the proper course when the recognisance of an appellant is defective or invalid, is not to dismiss the appeal, but to rule him to amend or perfect it, and to dismiss only as the penalty of neglect or refusal. The right of appeal and of trial by jury is too precious to be frustrated by the ignorance, incompetency or malice of inferior magistrates and officers: Means v. Trout, 16 S. & R. 349; Huntingdon Borough v. Jackson, 2 Penna. R. 431; Bream v. Spangler, 1 W. & S. 378;…
2Cases cited1 opinion
- Bream v. SpanglerSupreme Court of Pennsylvania · 1841
3Cited by18 opinions
- Hoffman v. Berwind-White Coal Mining Co.Supreme Court of Pennsylvania · 1920
- New Castle Metal Products Co. v. CampbellSuperior Court of Pennsylvania · 1938
- Commonwealth v. DressSupreme Court of Pennsylvania · 1946
- Kerr v. MartinSupreme Court of Pennsylvania · 1888
- Lentz v. Kittanning Real Estate Co.Superior Court of Pennsylvania · 1919
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