Marat v. Eldridge

Per Curiam,

Appellee in this case had instituted an action for possession of a second-floor apartment, previously demised to appellant pursuant to the terms of a written lease, in a magistrate’s court and obtained judgment on August 24,1948. Appellant took an appeal and posted bail on September 3,1948, but did not file the transcript with the clerk of the Municipal Court until September 8, 1948. Appellee obtained a rule to show cause why the appeal should not be stricken off for the reason that the transcript was filed too late, which the court below made absolute. From this order, appellant…