Pennsylvania Mortgage Investment Co. v. Gilbert
Pennsylvania Mortgage Investment Co. v. Gilbert
Opinion of the Court
The opinion of the court was delivered by
A motion to dismiss the appeal herein was made on the ground that the second appeal bond was not filed in time. Exception was taken "to the sufficiency
A motion was also made to strike the statement of facts on the ground that the exhibits were not contained in the proposed statement, and because the judge, before whom the statement was settled, directed the clerk of the court to attach the exhibits thereto. The exhibits at that time were in the keeping of the clerk, and had remained with him since the trial of the cause, and it was not necessary for the appellant in preparing his proposed statement to incorporate therein copies of the exhibits previously introduced in evidence and in the clerk’s possession; a reference thereto was sufficient. After the exhibits were attached to the statement the judge made a further certificate of their correctness, and the motion to strike is denied.
Dunbar, Anders, Gordon and Peavis, JJ., concur.
Reference
- Full Case Name
- The Pennsylvania Mortgage Investment Company v. Harry Gilbert, W. A. Lewis
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- SECOND APPEAL BOND—TIME OP PILING — EIGHT OP ATTOBNEY TO SIGN PBINCIPAL’S NAME — STATEMENT OP PACTS — INCLUSION OP EXHIBITS — DUAL LEVY OP ATTACHMENTS — EPFECT OP DISSOLUTION. The giving of a second appeal bond within five days after certification by the judge as to the insufficiency of the first is in sufficient time, although the certificate was not made until the day succeeding the examination of the sureties and without adjournment from said day to the day following. The signing of appellants’ names to an appeal bond by their attorney without special authority therefor, would not affect the validity of the bond. In preparing a proposed statement of facts for settlement, a reference to exhibits introduced in evidence and in the clerk’s possession is sufficient without incorporating copies thereof in the proposed statement, and their attachment to the statement by the clerk under order of the court, together with the judge’s certificate as to their correctness, suffices to propertly incorporate them in the statement settled. Where two writs of attachment have been issued in the same action and levied upon the same property, an order of dissolution made after both levies, has the effect of dissolving both, unless it clearly appears that the order of dissolution was limited to one of the writs.