Wilson v. Kelly
Supreme Court of Pennsylvania
• Error to the Court of Common Pleas of Wyoming county: Of January Term 1876, No. 179. On the 24th of August 1874, Charles D. Wilson brought an action of assumpsit against James-Kelly.
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• Error to the Court of Common Pleas of Wyoming county: Of January Term 1876, No. 179. On the 24th of August 1874, Charles D. Wilson brought an action of assumpsit against James-Kelly. On the 2d of February 1875, the plaintiff entered a rule of reference and on the 5th of March the arbitrators chosen under the rule awarded for the plaintiff the sum of $60. On the same day the plaintiff appealed from the award and entered into recognisance as required by law, but the record did not show that he had made the required affidavit. On the 23d of August 1875, the defendant pleaded “ non-assumpsit.”…
1Opinion of the CourtJustice Mercur
On the 5th of March 1875, the plaintiff appealed from an award of arbitrators in his favor, and gave the requisite security. The record does not show that he made any “ oath or affirmation.” The statute does not require the affidavit'to be in writing: Ross v. *413Dysart, 12 Harris 394. Yet the record should show that the necessary oath or affirmation was actually made. If not made, the omission is fatal to the appeal, if the objection be taken in time. Was it so taken?
The three succeeding terms of the Common Pleas were held in the months of April, August and November, respectively. At the April…
2Cited by4 opinions
- Lanigan v. LEWISSuperior Court of Pennsylvania · 1967
- Commonwealth v. Crum Lynne Iron & Steel Co.Superior Court of Pennsylvania · 1905
- Edelman v. MoserSuperior Court of Pennsylvania · 1915
- Fitzgerald v. ChapmanSuperior Court of Pennsylvania · 1967