Schrenkeisen v. Kishbaugh

Citations

• 162 Pa. 45
• 29 A. 284
• 1894 Pa. LEXIS 939

Syllabus

<p>Appeals in forma pauperis — Extension of time — Stay of proceedings— Arbitration, — Practice.</p> <p>When the time within which an appeal is required to be entered is fixed by statute, the court has no power to extend that time as a matter of indulgence ; but where, before, the expiration of the period provided by the statute, a rule is taken for an appeal in forma pauperis, the court has the power to stay all proceedings, including the running of the statutory period of appeal, while the matter is resting sub judice.</p> <p>On the nineteenth clay after the filing of an award of arbitrators, defendant entered a rule to show cause why he should not be allowed an appeal in forma pauperis. About two weeks afterwards the court discharged the rule, but allowed the defendant three days in which to take his appeal after the discharge of the rule. Held, that the court had power to make such an order.</p> <p>Payment of costs as condition precedent — Act of June 16, 1836.</p> <p>While it is necessary, in order to perfect, an appeal from an award of arbitrators, that the costs be paid in actual cash, under § 27 of the act of June 16, 1836, P. L. 723, it is not necessary that all of the costs should be paid to the prothonotary. The costs for serving the rule and the suppoenas may be paid directly to the constable.</p> <p>To hold that there was an inexorable necessity that the money should be paid first to the prothonotary and then by him to the constable, and that a payment directly by the party liable to the party entitled finally to receive it, was not a valid payment, would be putting form in place of substance, and technicality before right. By Mr. J ustice Mitchell.</p>