Legal Opinion

Denlinger v. Conestoga Electric Light & Power Co.

Superior Court of Pennsylvania

Decided February 25, 1907No. Appeal, No. 196PublishedCited by 2 opinions

Appeal, No. 196, Oct. T., 1906, by-defendant, from judgment of C. P. Lancaster Co., Nov. T., 1904, No. 67, on verdict for plaintiff in case of J. W. Denlinger v. Conestoga Electric Light & Power Company. Motion to quash appeal on the ground that the appeal bond had not been approved by the prothonotary of the court below.

1Opinion of the Court

Opinion by

Beaver, J.,

The Act of May 19, 1897, “ regulating the practice, bail, costs and fees on appeals to the Supreme Court and Superior Court,” P. L. 67, sec. 15, provides: “ That, in all other cases where a corporation other than a county, township or municipal corporation, appeals on its own behalf, such appeal shall be quashed, unless bail is given to operate as a supersedeas, as by this act required.”

The bail required to operate as a supersedeas, under the act, is provided for as follows: Section 6. “ An appeal from an order, judgment or decree directing the payment of money shall…

2Cited by2 opinions

  1. Ripka v. Mutual Fire InsuranceSuperior Court of Pennsylvania · 1908
  2. Stoler v. Fraternal Order of BeaversSuperior Court of Pennsylvania · 1952

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