43 A.2d 414 | Pa. Super. Ct. | 1945
Argued April 23, 1945.
The issue in this case is a narrow one. It arose subsequent to the entry of judgment in the court below against defendants on an award in favor of claimant on her own behalf and on behalf of three minor grandchildren. We have affirmed that judgment.Wilkinson v. United Parcel Service of Pennsylvania, Inc., et al.,
The facts are not in dispute, and the question for determination is whether the appeal from the judgment entered on the award operated as a supersedeas. The court below in its opinion disposed of the issue as follows: "The bond was not filed until the 28th day after entry of judgment, a week beyond the date when it might have acted as a supersedeas. It follows that claimant may maintain [her] attachment." The court below will be affirmed.
We are of the opinion that the Act of May 19, 1897, P.L. 67, as amended, 12 Pa.C.S.A. § 1133 et seq., is comprehensive and applicable to the present case as it rules all appeals from money judgments on the question of supersedeas. *37 Drabant v. Cure,
Section 4 of the Act of May 19, 1897, P.L. 67, as amended, 12 Pa.C.S.A. § 1136, provides that all appeals to the Superior Court and Supreme Court from an order, judgment, or decree of any court of common pleas or orphans' court must be taken within three calendar months from the entry of the order, judgment, or decree appealed from, and that no appeal shall supersede an execution issued or distribution ordered, unless taken and perfected, and bail duly entered within three weeks from such entry. In other words, this section means that an appeal from an order, judgment, or decree shall not supersede an execution issued or distribution ordered, unless taken and perfected, and bail duly entered within three weeks from the entry of such order, judgment, or decree upon which such execution was issued, or by which such distribution was ordered. Koenig v. Curran's Restaurant BakingCo. et al., supra,
Appeals to this court in workmen's compensation cases are governed by section 427 of the Workmen's Compensation Act of June 2, 1915, P.L. 736, as reenacted and amended by the Act of May 27, 1943, P.L. 691, § 1,
Under the Act of 1897 an appeal, in order to operate as a supersedeas, must be accompanied by a bond in double the amount of the judgment, and must have been taken and perfected within three weeks from the entry of such judgment, or before execution was issued. In the present case the appeal was not taken within three weeks from the entry of the judgment, and the requisite bond was not given until after three weeks and after execution had been issued and had been served, and the latter writ was not superseded. Geha v. Baltimore Life Ins. Co.,
We find nothing to distinguish a judgment entered by the court below on an award in a compensation case *39
from any other judgment directing the payment of money to which sections 4 and 6 of the act of 1897, 12 Pa.C.S.A. § 1136, 1138, are directly applicable. The act of 1897 was intended to classify and provide specially for every kind of appeal that can come to the Supreme Court or the Superior Court, and to fix with precision the conditions under which alone an appeal of any class shall be a supersedeas; and the first class, under section 6, 12 Pa.C.S.A. § 1138, orders, judgments, or decrees directing the payment of money, includes all judgments that are to be liquidated in money.Smead v. Stuart, supra,
The right of appeal does not automatically carry with it the right of supersedeas. See Charak et al. v. John T. Porter Co.,
Appellants refer to section 430 of the Workmen's Compensation Act of June 2, 1915, P.L. 736, as reenacted and amended by the Act of June 21, 1939, P.L. 520, § 1,
Order is affirmed.