Marks v. Baker
Superior Court of Pennsylvania
Appeal, No. 30, April T., 1896, by defendant, from judgment of C. P. Armstrong Co., No. 29, June T., 1894, in favor of plaintiff. This was an ejectment for forty-nine acres of land in Armstrong county. On the trial, before Rayburn, P. J., the plaintiff offered in evidence a deed of John George and others to David Baker, the defendant, being a quitclaim deed for the interest of the grantors. Objected to.
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Appeal, No. 30, April T., 1896, by defendant, from judgment of C. P. Armstrong Co., No. 29, June T., 1894, in favor of plaintiff. This was an ejectment for forty-nine acres of land in Armstrong county. On the trial, before Rayburn, P. J., the plaintiff offered in evidence a deed of John George and others to David Baker, the defendant, being a quitclaim deed for the interest of the grantors. Objected to. Admitted. [1] The defendant offered in evidence deed from David Baker, the defendant, and wife, to J. R. Wright, sufficiently quoted in the opinion of the Superior Court. Objected to.…
1Opinion of the Court
Opinion by
Wickham, J.,
The appellee in this case moves to quash the appeal on the ground that no bail has been given by the appellant to secure the payment of the costs. Section 7 of the act of June 24, 1895, P. L. 212, creating the Superior Court, provides, that in order to perfect an appeal, and at the same time make it a supersedeas, bail must be given conditioned for the payment of the costs, and also, “ whatever judgment or decree may be entered against the appellant, either by the Superior Court or the Supreme Court.”
Then follows this provision as to appeals, wherein the appellant does…
2Cases cited4 opinions
- Drake v. BrownSupreme Court of Pennsylvania · 1871
- Gill v. WestonSupreme Court of Pennsylvania · 1885
- Snavely v. WagnerSupreme Court of Pennsylvania · 1846
- Yost v. BrownSupreme Court of Pennsylvania · 1889
3Cited by2 opinions
- Irwin v. HanthornSuperior Court of Pennsylvania · 1897
- Page v. J. C. McNaughton Co.Superior Court of Pennsylvania · 1896