Foss v. Bogan
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Crawford county: Of October and November Term 1879, No. 82. This was an appeal from the judgment of a justice of the peace, wherein Michael Bogan, to the use of Wright & Smith, were plaintiffs, and John Foss defendant. The material facts are stated in the opinion of this court.
1Opinion of the CourtJustice Mercur
That the .maker of a note may, by his contract therein, waive the right of appeal, so as to be bound by the waiver, is well-settled: Rheem v. Allison, 2 S. & R. 114; Pritchard v. Denton, 8 Watts 372.
In the present case, the transcript from the docket of the justice of the peace, showed the judgment was rendered on a note, but did not show that it contained any waiver of the right of appeal. The defendant in the judgment appealed therefrom. The court below, on parol evidence that the right of appeal had been waived in the note, struck off the appeal. This is the error assigned.
As the right of…
2Cited by4 opinions
- Schneider v. BatesSuperior Court of Pennsylvania · 1908
- Rovno v. LorentzSuperior Court of Pennsylvania · 1906
- Orliner v. BorowskiSuperior Court of Pennsylvania · 1917
- Griffin v. DavisSuperior Court of Pennsylvania · 1898