Morris v. Delaware & Schuylkill Canal
Supreme Court of Pennsylvania
THIS was an action of covenant brought by Richard Morris to the use of William Stephens against The President and Managers and Company of the Delaware and Schuylkill Canal. The cause was arbitrated, and an award was rendered in favour of the plaintiff, from which the defendants appealed without giving bail. A rule to set aside the appeal, with leave to take out execution, was argued by
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
— The provision in the 4th section of the Act of 22d of March 1817, that when any corporation shall be sued and shall appeal or take a writ of error, the bail shall be absolute for the payment of debt, interest and costs, on affirmance of the judgment, has in practice been considered as extending to all appeals by corporations of every description, and there is nothing in the Act by which appeals from awards of arbitrators can be excepted. Indeed the 5th section seems to imply that all suits in which corporations are parties are on the same…
2Cited by2 opinions
- Carpenter v. HutchisonSupreme Court of Pennsylvania · 1914
- State v. WilsonSupreme Court of New Hampshire · 1862