What Happens If You Don't Pay Appeal Costs ?
New Castle Metal Products Company v. Campbell, 131 Pa. Super. 367, 200 A. 118 (Pa. Super. 1938) involved an appeal from a judgment entered against the appellant in a contract action.
The plaintiff/appellee moved to strike the appeal on the ground that the appeal had not been perfected by executing the bond required by the applicable statute.
The trial court struck off the appeal, and, on appeal, the superior court affirmed.
In doing so, the court relied on the general principle that an appeal will be quashed where the appellant has failed to comply with a statutory requirement necessary to sustain the appeal, for example, the payment of costs.
Thereafter, in Gable v. Chintala, 212 Pa. Super. 471, 243 A.2d 487 (Pa. Super. 1968), the court relied on New Castle in an appeal from an arbitration award.
The trial court quashed the appeal for failure to file a recognizance because the relevant statute required the entry of a recognizance as a condition for the allowance of an appeal.
Affirming, the superior court emphasized the distinction between a defective recognizance and none at all.