Moore v. Witmer

Decided September 15, 1805

Supreme Court of Pennsylvania · decided 1805-09-15

Mr. M'Kean in the afternoon of the first day of the term, moved, that the appeal in this cause from the decision of the last Circuit Court for Lancaster county, in April last, wherein the motion for a new trial made on the part of the plaintiff, was overruled, should be received.

Decided 1805-09-15

Smith, J.

¶1That cause was tried before me in the Circuit Court. The appeal was received on the ground of consent, between the counsel at Somerset.

Per Cur.

¶2The circumstances disclosed to us in the principal case, amount to an equitable compliance with the injunctions of the Circuit Court law. It would be unreasonable to reject the appeal, because none of the clerks were in the prothonotary’s office on Saturday afternoon, to receive the record.

¶3Appeal received.