Koontz's administrator v. Howsare
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bedford county : Of January term, 1882, No. 145. This was, in the court below, an appeal by Josiah Koontz, administrator of Susan Koontz, deceased, from the judgment of a justice of the peace, in a suit brought by Mary Jane Howsare against the said Josiah Koontz, administrator, to recover for wages of manual labor, claimed to be due the plaintiff by the defendant’s intestate.
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Error to the Court of Common Pleas of Bedford county : Of January term, 1882, No. 145. This was, in the court below, an appeal by Josiah Koontz, administrator of Susan Koontz, deceased, from the judgment of a justice of the peace, in a suit brought by Mary Jane Howsare against the said Josiah Koontz, administrator, to recover for wages of manual labor, claimed to be due the plaintiff by the defendant’s intestate. The defendant took an appeal to the Court of Common Pleas and entered security for payment of costs. Gn motion of plaintiff’s attorney, the court granted a rule to show cause why the…
1Opinion of the CourtJustice Sterrett
The controlling question in this case is, whether an administrator or other person sued in a representative capacity, and *508against whom a judgment has been rendered by a justice of the peace, on a claim for manual labor, has a right to appeal without making the oath, and giving the security prescribed by the first section of the act, entitled, “ an act regulating appeals from the judgment of justices of the peace and aldermen in this commonwealth for the wages of manual labor,” etc., approved April 20th 1876: P. L. 43.
While the phraseology of the act itself is sufficiently comprehensive to…