Gilbert v. Lebanon Valley Street Railway Co.

Opinion by

Mr. Justice Simpson,

In the way provided by the Act of March 5, 1925, P. L. 23, defendant challenged the jurisdiction of the court below over it. That tribunal sustained its jurisdiction, and, within the fifteen days provided by the statute, defendant appealed to this court, to which the record, as required by section 2 of the Appeals Act of May 19, 1897, P. L. 67, was duly removed. While the appeal was pending and the record was still here, plaintiff entered judgment against defendant for want of an affidavit of defense. Subsequently, we sustained the ruling appealed from (Gilbert…