Legal Opinion

Long v. Hamilton

Superior Court of Pennsylvania

Decided July 14, 1909No. Appeal, No. 193PublishedCited by 2 opinions

Appeal, No. 193, April T., 1909, by defendant, from order of C. P. Lawrence Co., Dec. T., 1907, No. 10, discharging rule to strike off judgment in case of Roy A. Long v. Edward M. Hamilton. Rule to strike off judgment. Before William E. Porter, P. J. The facts appear by the opinion of the Superior Court. Error assigned was order discharging rule to strike off judgment.

1Opinion of the Court

Opinion by

Head, J.,

Where the judgment of a magistrate has gone against two or more joint defendants, that each one of them is invested with the right to appeal no one will deny. In the exercise of this right the law does not require that each defendant should separately and individually assert it. One appeal in the name and for the benefit of all, subjecting each to the statutory obligation imposed on every appellant, is sufficient. But no man can be compelled by another, though he be a codefendant, to appeal from a judgment against his will. Nor conversely can any citizen be prevented, even…

2Cited by2 opinions

  1. Missouri, K. & T. R. Co. v. ChowningSupreme Court of Oklahoma · 1917
  2. Rosenbaum Co. v. Diskin, Pennsylvania Court of Common Pleas, Westmoreland County1932

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