Adams v. Null
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Cumberland county. John Null obtained a judgment against William Adams before a justice of the peace, from which Adams appealed, and entered into a recognizance in the old form to prosecute his appeal with effect.
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ERROR to the Common Pleas of Cumberland county. John Null obtained a judgment against William Adams before a justice of the peace, from which Adams appealed, and entered into a recognizance in the old form to prosecute his appeal with effect. The court below striick off the appeal, on the ground that no such bond or recognizance was given as is required by the 33d section of the Act of 12th February 1842; and that it was not now practicable to give such an obligation, for the defendant may have disposed of the property which he then had; and because on the hearing of the motion he did not…
1Per curiam
This recognizance is undoubtedly bad; and the difficulty is to reform it so as to give the appellee the security he would have had in case it had originally been in the form prescribed by the statute, which would have extended its effect to all the property had by the appellant at the time of the appeal. It is immaterial that the appellant did not offer to amend pending the motion to quash; it was the appellee’s business to call on him for a good recognizance by a rule. It will be sufficient, then, for the appellant to file a proper recognizance nunc pro tunc, bearing even date with the…
2Cited by7 opinions
- New Castle Metal Products Co. v. CampbellSuperior Court of Pennsylvania · 1938
- Kerr v. MartinSupreme Court of Pennsylvania · 1888
- Vaill v. Town CouncilSupreme Court of Rhode Island · 1893
- Lerch v. StichterSupreme Court of Pennsylvania · 1850
- Armour v. Leshefka, Pennsylvania Court of Common Pleas, Schuylkill County1928
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