Saturen v. Gibraltar Mutual Insurance

Opinion by

Rhodes, P. J.,

This is an appeal from the order of the Municipal Court of Philadelphia making absolute defendant’s rule to reinstate its appeal from a judgment of a magistrate originally secured by plaintiff. On November 4, 1959, plaintiff obtained a judgment against defendant before a magistrate in the amount of $99.51 plus costs of $7.50. Defendant took an appeal from this judgment to the Municipal Court of Philadelphia on November 20, 1959. On December 11, 1959, plaintiff’s attorney, on motion, caused the appeal to be stricken from the record on the ground of the alleged failure…