Insurance Co. of Pennsylvania v. Hewes
Supreme Court of Pennsylvania
J- in favour of the plaintiffs. Meredith on behalf of the defendants, obtained a rule on the prothonotary to shew cause, why an appeal should not be entered without paying costs, filing an affidavit, or giving a recognisance of bail. r | ^HIS case had been referred to arbitrators, who awarded shewed cause for the prothonotary.
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J- in favour of the plaintiffs. Meredith on behalf of the defendants, obtained a rule on the prothonotary to shew cause, why an appeal should not be entered without paying costs, filing an affidavit, or giving a recognisance of bail. r | ^HIS case had been referred to arbitrators, who awarded shewed cause for the prothonotary. They contended that the proviso in the 14th section of the arbitration law, merely exempted executors or administrators from giving the recognisance mentioned in that section, and not from the affidavit and payment of costs, required by the 11th section. The affidavit…
1Opinion of the Court
Tilghman C. J.
This case was submitted to the decision of arbitrators under the act of assembly. An award was made in favour of the plaintiffs and the defendants desire to enter an appeal. The question is on what terms the appeal is to be entered.
By the 11th section of the act of the 20th of March 1810, an appeal is granted to either party under thefollowing rules regulations and restrictions. These rules are contained in the 11th, 12th, 13th and 14th sections. It is directed in the 11th section, that the appellant shall swear or affirm, “ that it is “ not for the purpose of delay the appeal…