Carbaugh v. Sanders

Citations

• 13 Pa. Super. 361
• 1900 Pa. Super. LEXIS 160

Syllabus

<p>Statutes — Construction—Permissive language.</p> <p>A direction contained in the statute though couched in merely permissive language, shall not be construed as leaving compliance optional where the good sense of the entire enactment requires its provisions to be deemed compulsory.</p> <p>Justice of peace — Appeal—Payment—Costs.</p> <p>Under the Act of June 24, 1885, P. L. 159, on an appeal from the judgment of a justice it is the duty of the justice to demand appellant to pay all costs and an appeal will be stricken off where the appellant has paid only the costs of the justice and constable and has refused to pay plaintiff’s costs.</p> <p>Where bail on appeal has been improperly entered by the attorney the proper practice requires a rule on an appellant to perfect his recognizance rather than a notice to strike off.</p>