Wesley v. Sharpe
Superior Court of Pennsylvania
Appeal, No. 23, Jan. T., 1902, by defendant, from order of C. P. Luzerne Co., March T., 1901, No. 18, making absolute a rule for judgment for want of a sufficient affidavit of defense, in case of G. F. Wesley v. William H. Sharpe'. Scire facias sur recognizance. Before Halsey, J. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 23, Jan. T., 1902, by defendant, from order of C. P. Luzerne Co., March T., 1901, No. 18, making absolute a rule for judgment for want of a sufficient affidavit of defense, in case of G. F. Wesley v. William H. Sharpe'. Scire facias sur recognizance. Before Halsey, J. Rule for judgment for want of a sufficient affidavit of defense. The affidavit of defense was as follows : That it is not true as stated in the said scire facias, that the said W. H. Sharpe on August 1, 1901, before of the court of common pleas for Luzerne county, came in his proper person and agreeably to the act of…
1Opinion of the Court
Opinion by
William W. Porter, J.,
The act of March 20,1810, provides that the affidavit required on the issuance of a certiorari to a justice, shall be made before a judge of the common pleas. The act of February 3, 1817, permits the affidavit to be made before the prothonotary. Neither act in terms designates the person by whom recognizance *603shall be taken in order to give the certiorari the effect of a supersedeas. The act of May 22,1895, by its title is intended to provide for an additional manner of taking the recognizance and affidavit, “ now by law to be taken in cases of certiorari from…
2Cited by5 opinions
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- Miller v. Gianello, Pennsylvania Court of Common Pleas, Alleghany County1956
- Ristau v. Crew Levick Co., Pennsylvania Court of Common Pleas, Warren County1931