Legal Opinion

Bogart v. Rathbone

Supreme Court of Pennsylvania

Decided July 15, 1845Published

Error to the Common Pleas of Tioga county. This suit originated before a justice of the peace. On the 24th March, 1838, there was a final hearing before the justice, who gave judgment for the plaintiff, for $32 25. From this judgment, Bogart, the defendant, immediately appealed, and entered bail before the justice to prosecute his appeal with effect.

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Error to the Common Pleas of Tioga county. This suit originated before a justice of the peace. On the 24th March, 1838, there was a final hearing before the justice, who gave judgment for the plaintiff, for $32 25. From this judgment, Bogart, the defendant, immediately appealed, and entered bail before the justice to prosecute his appeal with effect. On the 30th March, 1838, Bogart, before he had taken out his transcript of the appeal, appeared before the justice, and had entered on the justice’s docket an offer to confess judgment for $20. He afterwards filed his appeal in the Common Pleas,…

1Opinion of the Court

The opinion of the court was delivered by

Burnside, J.

Some confusion had crept into our jurisprudence, in settling, under confused statutes, who should pay the costs on appeals from justices of peace, where there was a reduction or increase of the justice’s judgment in court; and when, on the trial, new and material evidence was given by the appellant. To remedy the existing confusion, the legislature passed the act of the 9th of April, 1833, (6 ed. of Purdon, 644,) which provides:

“ That the costs on appeal, hereafter entered from the judgments of justices of the peace, and aldermen, shall…

2Cases cited2 opinions

  1. Columbia Bank & Bridge Co. v. HaldemanSupreme Court of Pennsylvania · 1844
  2. Dickerson v. AndersonSupreme Court of Pennsylvania · 1839

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