Catherwood v. Konn
Supreme Court of Pennsylvania
April 4. — This case was tried by a jury at Nisi Prius, and a verdict rendered on the 19th December, for the plaintiff. The defendant moved in arrest of judgment, which was argued and held under advisement until the 7lh of March, when the judgment was arrested. The first day of March term fell on the 16th. The certificate was taken and the affidavit and recognisance filed on the 27th.
1Opinion of the Court
Rogers, J.,
after stating the facts. — The plaintiff, therefore, it is clear, -was not in time. For in Dawson v. Ryan, 4 Watts & Serg. 403, and Styles v. The West Chester Railroad Company, it is ruled, that to entitle a party to review the proceedings of the court of Nisi Prius, he must prepare his cause for a hearing at the next term of the Supreme Court after judgment. The appeal must be taken and perfected on the first day of the term, but if before 10 o’clock of that day it is in time. The court was well aware of the inconvenience in all cases of adhering to the strict and stringent rule…
2Cases cited1 opinion
- Dawson v. RyanSupreme Court of Pennsylvania · 1842