Pritchard v. Denton
Supreme Court of Pennsylvania
ERROR to the common pleas of Tioga county. S. B. Denton against A. Pritchard and Asahel Pritchard. This suit, originated before a justice of the peace, upon the following note: “ On or before the 1st of May next, for value received, we promise to pay Isaac C. Whitehead, or bearer, ninety-five dollars, without defalcation, or stay of execution : hereby waiving our right to appeal in case judgment should be given against us on said note. (Signed) “ A. Pritchard.
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ERROR to the common pleas of Tioga county. S. B. Denton against A. Pritchard and Asahel Pritchard. This suit, originated before a justice of the peace, upon the following note: “ On or before the 1st of May next, for value received, we promise to pay Isaac C. Whitehead, or bearer, ninety-five dollars, without defalcation, or stay of execution : hereby waiving our right to appeal in case judgment should be given against us on said note. (Signed) “ A. Pritchard. “Asaiiel Pritchard. “ Laurencemlle, 20th Sept. 1836.” The justice rendered a judgment for the plaintiff, from which the defendants…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The right to appeal from the judgment of a justice of the peace, on complying with certain terms, is a privilege given by law to the party against whom judgment is rendered; but according to the maxim, quisquís renunciare potest juri pro se introducto, it would seem he may, by express words, agree to Waive the privilege, and be bound by the decision of the justice alone. This may have been one of the conditions on which the party stipulated to accept the note. It has been held that an agreement of this nature, if made in writing, and…
2Cited by4 opinions
- Consumers Mining Co. v. ChatakSuperior Court of Pennsylvania · 1927
- Chapman v. DavisCourt of Appeals of Maryland · 1846
- Rovno v. LorentzSuperior Court of Pennsylvania · 1906
- Goldberg v. Husik, Pennsylvania Court of Common Pleas, Philadelphia County1946