Donaldson v. Cunningham
Supreme Court of Pennsylvania
IN ERROR. The-only question in this case, which came before the court by by writ of error, to the Court of Common Pleas of Washington county,, was, whether the recognizance taken by the prothonotary, on an appeal by the plaintiff; from an award of arbitrators, was legal.
Read the full summary
IN ERROR. The-only question in this case, which came before the court by by writ of error, to the Court of Common Pleas of Washington county,, was, whether the recognizance taken by the prothonotary, on an appeal by the plaintiff; from an award of arbitrators, was legal. The suit was brought by dignes Cunningham, the dedefendant in error, and plaintiff below, against John Donaldson, the plaintiff in error, and being arbitrated, an award was made in favour of the plaintiff, for twenty dollars. The plaintiff appealed, and the case being again tried, obtained a verdict and judgment for three…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
This court is not disposed to throw any difficulty in the way of appeals from decisions of arbitrators, but they cannot disregard the regulations of the law.' Three conditions, precedent to the allowance of the appeal, are recognized; — oath of the party, that it is not for the purpose of delay — payment of costs— and entering into recognizance if the appeal is by the plaintiff, as here it is. The recognizance is to be conditioned, 54 that, if he shall not recover in the event of the suit a sum greater, or a judgment more favourable, than the…
2Cases cited1 opinion
- Friedly v. ScheetzSupreme Court of Pennsylvania · 1823
3Cited by1 opinion
- Ingham v. TracySupreme Court of Pennsylvania · 1836