Bromley v. Lippincott

Citations

• 184 Pa. 462
• 39 A. 220
• 1898 Pa. LEXIS 921

Syllabus

<p>Appeals—Penalty for delay—Act of May 19, 1897.</p> <p>On an appeal by defendant from a judgment for want of a sufficient affidavit of defense in a suit upon a promissory note, the penalty for appealing merely for delay provided by the act of May 19, 1897, see. 21, P. L. 72, will be imposed where it appears that the record had never-been brought up; that no assignments of error had been filed; that no paper-book had been served upon plaintiff; that on the first day of the term the appeal was withdrawn and the case discontinued; that the affidavit of defense alleged no more than that the note in suit had been given with the express condition that it should be renewed at maturity, and that the plaintiff had refused to accept a renewal.</p>