Martin v. Rider
Supreme Court of Pennsylvania
Appeal, No. 401, Jan. T., 1896, by defendants, from decree of C. P. Crawford Co., Sept. T., 1894, No. 1, on bill in equity.
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Appeal, No. 401, Jan. T., 1896, by defendants, from decree of C. P. Crawford Co., Sept. T., 1894, No. 1, on bill in equity. Motion for the imposition of the penalty provided by the act of May 25, 1874. The motion was supported by the affidavit of Pearson Church which was as follows: That he is attorney for John H. Martin, appellee in this case, and has been such from the institution of this suit until the present time; that he is thoroughly familiar with all the facts and circumstances of said case from its inception, and through its trial in the court below, and since the appeal was taken to…
1Opinion of the Court
Per Curiam,
The Act of May 25, 1874, P. L. 227, under which this rule for damages, etc., was granted, declares “ That, in all cases in which a writ of error or an appeal from a decree in equity shall delay the proceedings on the judgment of the inferior court, and in the opinion of the Supreme Court the same shall have been sued out merely for delay, damages at the rate of six per cent per annum shall be awarded upon the amount of said judgment or decree by the Supreme Court, and an attorney fee of twenty dollars and cost of printing paper-book of the defendant in error or appellee shall be…
2Cases cited2 opinions
- Pennypacker v. DearSupreme Court of Pennsylvania · 1895
- Bachman v. GrossSupreme Court of Pennsylvania · 1892