Geiselman v. Shomo

Citations

• 13 Pa. Super. 1
• 1900 Pa. Super. LEXIS 102

Syllabus

<p>Appeals — Bond—Action on — When appeal not a supersedeas — Practice, O. P.</p> <p>Where an appeal is taken after the date when such an appeal operates as a supersedeas, and the plaintiff treats the appeal as a nullity and proceeds with his execution to a sale of the defendant’s real estate just as though no appeal had been taken, and the defendant upon the appeal being non prossed pays the costs; it is apparent that no benefit or advantage to the defendant and no delay or loss to the plaintiff followed the appeal, and hence plaintiff may not recover on the bond any deficiency of his judgment not realized on the execution.</p>