Frantz v. Kaser
Supreme Court of Pennsylvania
In Error. ERROR to the Court of Common Pleas of Cumberland county. moved to quash the writ of error. There was an arbitration in this case, and an award filed 2d April, 1817. The writ of error issued on the 11th April^ 1817; the recognisance of bail on the writ of error was taken on the 22d April, 1817, and the writ of error was filed in the office of the prothonotary of the Common Pleas ón the 5th May, following.
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In Error. ERROR to the Court of Common Pleas of Cumberland county. moved to quash the writ of error. There was an arbitration in this case, and an award filed 2d April, 1817. The writ of error issued on the 11th April^ 1817; the recognisance of bail on the writ of error was taken on the 22d April, 1817, and the writ of error was filed in the office of the prothonotary of the Common Pleas ón the 5th May, following. He contended, that no writ could be iss.ued within 20 days after the award, and that the bail was also too soon. He cited the opinion of Yeates J. in Ebersoll v. Krug,(a)
1Per curiam
The time when the writ of error issued from the office of the prothonotary of the Supreme Court is immaterial, because it has no effect till delivered to the prothonotary of the Common Pleas; therefore, there is no weight in the first objection. As to the second, the rule is, that you must exclude either, the day of the report being filed, or the day of the writ of error being filed, in the Court below. Consequently, the 20 days allowed for the appeal had elapsed ®n the 22d April.
Motion refused.
2Cited by2 opinions
- Robinson v. BulklySupreme Court of Pennsylvania · 1835
- Woods v. ConnorSupreme Court of Pennsylvania · 1847