Winchester v. Rich

Citations

• 40 Pa. Super. 46
• 1909 Pa. Super. LEXIS 562

Syllabus

<p>Justice of the peace — Judgment—Appeal—Quashing appeal — Affirmance of judgment — Bond—Principal and surety.</p> <p>1. Where an appeal from a judgment of a justice of the peace is quashed for any reason other than a defect in the recognizance, the quashing of the appeal is an affirmance of the judgment within the moaning of a recognizance “ conditioned for the payment of the debt, interest and costs on affirmance of the judgment in the court of common pleas.”</p> <p>2. The action of the court of common pleas in quashing an appeal from a judgment of a justice of the peace, is a judgment of a court having jurisdiction of the parties and the subject-matter, and cannot be reviewed in a collateral proceeding, such as an action by the plaintiff in the judgment against the surety in the recognizance of the defendant.</p>