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JAMES F. OAKLEY v. SCHOOL DISTRICT PHILADELPHIA (10/30/75)

decided: October 30, 1975.

JAMES F. OAKLEY, INC.
v.
SCHOOL DISTRICT OF PHILADELPHIA, APPELLANT



COUNSEL

Alan H. Gilbert, Philadelphia, for appellant.

Jerome Poltenstein, Philadelphia, for appellee.

Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ.

Author: Manderino

[ 464 Pa. Page 331]

OPINION OF THE COURT

On August 14, 1972, a panel of arbitrators entered an award against the appellant, School District of Philadelphia, in the amount of $9,470.36. The appellant then filed an appeal from the award in the Court of Common Pleas. Appellee, James F. Oakley, Inc., moved to quash the appeal contending that the appellant had not complied with the appeal requirements of the Act of June 16, 1836, P.L. 715, § 27, as amended, 5 P.S. § 71. The trial court granted the motion and an appeal to the Superior Court followed. The Superior Court affirmed the order of the trial court. James F. Oakley, Inc. v. School District of Philadelphia, 228 Pa. Super. 907, 322 A.2d 665 (1974). Appellant's petition for allowance of appeal to this Court was subsequently granted. The law in Pennsylvania permits an appeal de novo from an award of arbitrators if the appealing party complies with certain conditions. The relevant statutory provisions follow:

"Either party may appeal from an award of arbitrators, to the court in which the cause was pending at the time the rule or agreement of reference was entered,

[ 464 Pa. Page 332]

    under the following rules, regulations and restrictions, viz.:

I. The party appellant, his agent, or attorney, shall make oath or affirmation, that 'it is not for the purpose of delay such appeal is entered, but because he firmly believes injustice has been done.'

II. Such party, his agent, or attorney, shall pay all the costs that may have accrued in such suit or action.

III. The party, his agent, or attorney, shall enter into the recognizance hereinafter mentioned.

IV. Such appeal shall be entered, and the costs paid, and recognizance filed, within twenty days after the day of the entry of the ...


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