Long v. Hamilton

Citations

• 40 Pa. Super. 273
• 1909 Pa. Super. LEXIS 603

Syllabus

<p>Justice of the peace — Appeals—Joint defendants.</p> <p>Where one of two defendants appeals from a judgment of a justice of the peace, and thereafter the plaintiff files a transcript of the justice’s record in the court of common pleas so as to secure a lien against the nonappealing defendant, and subsequently the appeal is non-prossed, such non-pross does not inure to the benefit of the nonappealing defendant, so as to entitle him to have stricken off the judgment entered against him on the transcript; and this is the case although the plaintiff may have released certain of the real estate of the nonappealing defendant, at the latter’s request, from the lien of the judgment.</p>