Lentz v. Kittanning Real Estate Co.

Citations

• 72 Pa. Super. 513
• 1919 Pa. Super. LEXIS 357

Syllabus

<p>Justices of the peace — Appeals—Affidavit of officer of corporation — Sufficiency—Act of March 25, 1908, P. L. 61.</p> <p>Where service was made upon a corporation in the person of its secretary, who subsequently appeared and testified at the hearing before the justice of the peace, and afterwards made affidavit in an appeal to the common pleas, such affidavit, in accordance with the provisions of the Act of March 25, 1903, P. L. 61, is sufficient, although it does not specifically aver that the affiant is the secretary of the corporation.</p> <p>Justices of the peace — Appeal—Payment of costs — Act of May 29, 1907, P. L. 806.</p> <p>By the Act of May 29, 1907, P. L. 306, two methods of appeal are open to defendant: It can pay the costs and give bail absolute in double the probable amount of costs accrued and likely to accrue, with one or more sufficient sureties, conditioned for the payment of all costs accrued or that may be legally recovered in such ease against the appellant in accordance with the provisions of the Act of March 20, 1845, P. L. 188; or it may give good and sufficient bail absolute for the payment of debt, interest and costs that have accrued or will accrue on affirmance of the judgment, in which event, it will not be required to pay any costs before taking an appeal.</p> <p>Where a defendant neglects to pay the costs, which was necessary to perfect the appeal, it cannot later turn to the second method of appeal by changing the condition of the bond so as to cover debt, interest and costs, under the guise of perfecting the recognizance.</p>