Cambria Auto Co. v. Frischkorn

Citations

• 54 Pa. Super. 268
• 1913 Pa. Super. LEXIS 53

Syllabus

<p>Justice of the peace — Appeals—Bonds—Act of May 29, 1907, P. L. 306.</p> <p>1. Under the Act of May 29, 1907, P. L. 306, a justice of the peace has full power in granting an appeal to take good and sufficient bail absolute for the payment of debt, interest and costs that have and will accrue on affirmance of the judgment; and the fact that the defendant in the judgment has voluntarily paid the costs on taking the appeal will not relieve the surety on the bond from paying the debt and interest if the judgment is affirmed.</p> <p>2. In an action against the surety on a bond given on an appeal from a justice of the peace to secure the debt, interest and costs, an affidavit of defense is insufficient which does not deny the execution of the bond, nor allege fraud, accident or mistake in the making of it, but merely avers that the justice of the peace agreed that the bondsman would only be responsible for the costs, and that he would not be liable for the debt and interest, if the judgment were affirmed.</p>