Bream v. Spangler
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Adams county. Henry Spangler against Joseph Bream and others. Appeal by defendants from the judgment of a justice of the peace entered to August Term 1840, when Mr Reed appeared for the defendants. 1840, September 9th, at an adjourned court. Rule at the instance of the plaintiff to show cause why this appeal should not be stricken off. Returnable at November Term.
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ERROR to the Common Pleas of Adams county. Henry Spangler against Joseph Bream and others. Appeal by defendants from the judgment of a justice of the peace entered to August Term 1840, when Mr Reed appeared for the defendants. 1840, September 9th, at an adjourned court. Rule at the instance of the plaintiff to show cause why this appeal should not be stricken off. Returnable at November Term. The ground of the motion to strike off the appeal was, that Thomas M’Creary, Esq., who was the justice before whom the cause was tried, was the surety in the recognizance of defendants to prosecute the…
1Per curiam
This is a case of clear mistake by the justice as well as the appellant; and the latter ought to have been suffered to perfect his bail on the principle of Means v. Trout, (16 Serg. & Rawle 349). It does not appear that the appellee was too late with his motion to quash, an adjourned court being part of the term; but it is clear that it ought not to have been granted.
Order to quash reversed, and appeal reinstated.
2Cases cited1 opinion
- Means v. TroutSupreme Court of Pennsylvania · 1827
3Cited by6 opinions
- Koenig v. BauerSupreme Court of Pennsylvania · 1868
- State v. YoungSupreme Judicial Court of Maine · 1868
- Wingard v. Bobal, Pennsylvania Court of Common Pleas, Northampton County1941
- Gharet v. Johnson, Pennsylvania Court of Common Pleas, Clinton County1923
- In re Shamokin School District, Pennsylvania Court of Common Pleas, Northumberland County1943
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