Rheem v. Naugatuck Wheel Co.
Supreme Court of Pennsylvania
Error to the Common Pleas of Cumberland county. This was an action on the case by The Naugatuck Wheel Company against Jacob Rheem, wherein the plaintiffs, on the 26th March 1858, recovered a judgment for $627.50 and costs. The defendant, on the 13th April 1858, sued out a writ of error to this judgment, and entered into a recognisance, with a single surety.
Read the full summary
Error to the Common Pleas of Cumberland county. This was an action on the case by The Naugatuck Wheel Company against Jacob Rheem, wherein the plaintiffs, on the 26th March 1858, recovered a judgment for $627.50 and costs. The defendant, on the 13th April 1858, sued out a writ of error to this judgment, and entered into a recognisance, with a single surety. The record was removed to this court on the 3d May 1858, which was the return day; and on motion of the counsel for the plaintiff in error, the cause was continued until the following term. On the 11th June 1858, the plaintiffs below…
1Opinion of the Court
The opinion of the court was delivered by
Read, J.
Eor the reasons so well assigned by the president judge, the court below were right in refusing to set aside the fi.fa. in this case, upon the ground of a writ of error pending in this court; which did not operate as a supersedeas, because there was but one surety in the recognisance of hail in error. There was nothing in the circumstances of the case to take it out of the general rule.
Judgment affirmed.
2Cited by6 opinions
- Linnen v. ArmainisCourt of Appeals for the Third Circuit · 1993
- Bailey, Jo Ellen v. Ness, J. Christian, Individually Garber, Daniel, Individually and Northern Regional Police DeptCourt of Appeals for the Third Circuit · 1984
- Elkin's PetitionSupreme Court of Pennsylvania · 1927
- Coover v. Saucon Valley School DistrictDistrict Court, E.D. Pennsylvania · 1997
- Schwartz v. Prudential Insurance Co. of America (In Re Kridlow)United States Bankruptcy Court, E.D. Pennsylvania · 1999
1 more not listed; retrieve them via the Exa API.