Legal Opinion

Weaver v. Stone

Supreme Court of Pennsylvania

Decided May 18, 1854PublishedCited by 2 opinions

Error, to the Court of Common Pleas of Wayne county. Ejectment by defendants in error, for sixty acres of land in Clinton township. The .case was arbitrated, and award for plaintiffs for the land in controversy, and $100, as mesne profits, filed January 28, 1853. February 15, 1853, defendant appealed from said award, paid the costs, and entered into a recognizance himself, and Myron Jakway as surety for such appeal, but exceptional in point of form under the law.

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Error, to the Court of Common Pleas of Wayne county. Ejectment by defendants in error, for sixty acres of land in Clinton township. The .case was arbitrated, and award for plaintiffs for the land in controversy, and $100, as mesne profits, filed January 28, 1853. February 15, 1853, defendant appealed from said award, paid the costs, and entered into a recognizance himself, and Myron Jakway as surety for such appeal, but exceptional in point of form under the law. The next day, to wit, 16th day of February, 1853, another recognizance was entered into by Myron Jakway, the surety, for such…

1Opinion of the Court

The opinion of the court was delivered May 18, 1854, by

Knox, J.

— This judgment is erroneous. The appeal from the award of arbitrators, by the defendant, gave him a footing in court, equivalent to a formal appearance to the action. A party may appear by attorney, or in person; and no act can more strongly evidence the intention to contest the claim, than an appeal from an award of arbitrators. He appears before the prothonotary of the court, makes an affidavit that injustice is done him,, and that his appeal is not for delay, and enters into recognizance to prosecute it with effect. Upon an…

2Cited by2 opinions

  1. Jeannette v. RoehmeSuperior Court of Pennsylvania · 1898
  2. Connor v. LyonSuperior Court of Pennsylvania · 1900

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