Rice v. Constein
Supreme Court of Pennsylvania
Error to the Court of Commnn- Pleas of Schuylkill county: Of - January Term 1879, No. 85. This was a capias sur slander by H. J. Constein against Moses Rice. A rule to arbitrate was taken by plaintiff, and on February 28th 1878, an award ivas filed finding for plaintiff in the sum of $100. The record showed that on the “ 18th of March 1878, defendant appealed, made oath, paid costs to prothonotary Kerns, to wit, $43.23, and entered into recognisance.
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Error to the Court of Commnn- Pleas of Schuylkill county: Of - January Term 1879, No. 85. This was a capias sur slander by H. J. Constein against Moses Rice. A rule to arbitrate was taken by plaintiff, and on February 28th 1878, an award ivas filed finding for plaintiff in the sum of $100. The record showed that on the “ 18th of March 1878, defendant appealed, made oath, paid costs to prothonotary Kerns, to wit, $43.23, and entered into recognisance. Same day' affidavit and recognisance Sled with prothonotary.”' On March 26th 1878, William A. Marr filed an affidavit, setting-forth that the…
1Opinion of the CourtJustice Sterrett
One of the conditions precedent to a valid appeal from an award of arbitrators is the payment of costs within the twenty days allowed by the act; and it has been repeatedly held that actual payment is required. Payment by check, as in Richter v. Cummings, 1 Leg. Chron. 52, or by draft, as in Walker v. Graham, 24 P. F. Smith 35, or by charging them to appellant’s attorney, as in Carr v. McGovern, 16 P. F. Smith 457, is not payment within the meaning of the act. In these cases, it was shown by the record that the costs were not actually paid in money; and, in Ellison v. Buckley, 6 Wright 281,…
2Cited by7 opinions
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- Grakelow v. NashSuperior Court of Pennsylvania · 1929
- Sheip v. Price, Page & Co.Superior Court of Pennsylvania · 1896
- In re SperringSuperior Court of Pennsylvania · 1898
- Burns v. SmithSupreme Court of Pennsylvania · 1897
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