Monaghan v. City of Philadelphia
Supreme Court of Pennsylvania
Certifícate to the Court of Nisi Prius. This was an action on the case brought by Thomas Monaghan, originally against the District of Richmond, in which the City of Philadelphia was substituted as defendant after the passage of the Consolidation Act.
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Certifícate to the Court of Nisi Prius. This was an action on the case brought by Thomas Monaghan, originally against the District of Richmond, in which the City of Philadelphia was substituted as defendant after the passage of the Consolidation Act. The cause was referred to arbitrators, the rule having been entered by the plaintiff, and an award was made in favour of Monaghan for five hundred dollars, on the 12th March, 1856. An appeal was entered on the 1st of April succeeding, and costs paid, but no affidavit was made or recognisance entered into. Notwithstanding the appeal, the plaintiff…
1Opinion of the Court
The opinion of the court was delivered by
Knox, J.
On the 12th of March, 1856, Thomas Monaghan obtained an award of arbitrators in his favour against the city of Philadelphia for the sum of five hundred dollars. On the 1st of April, 1856, the city appealed from the award, paid the costs, but entered into no recognisance, nor was an affidavit made on her behalf that the appeal was not for delay, but because injustice was believed to have been done. Subsequently a fi.fa. was issued, and a rule was taken to set it aside. The rule was heard before me at Nisi Prius. Upon the hearing I dismissed the…
2Cases cited1 opinion
- Robinson v. Jefferson CountySupreme Court of Pennsylvania · 1843
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