Kaumagraph Co. v. Thissen Silk Co.
Superior Court of Pennsylvania
Appeal, No. 172, Oct. T., 1909, by defendant, from order of C. P. Northampton Co., Dec. T., 1909, No. 25, discharging rule for allowance of ah appeal nunc pro tunc in case of Kaumagraph Company v. Thissen Silk Company. Rule for allowance of an appeal nunc pro tunc.
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Appeal, No. 172, Oct. T., 1909, by defendant, from order of C. P. Northampton Co., Dec. T., 1909, No. 25, discharging rule for allowance of ah appeal nunc pro tunc in case of Kaumagraph Company v. Thissen Silk Company. Rule for allowance of an appeal nunc pro tunc. Stewart, J,, filed the following opinion: This was a rule on the plaintiff to show cause why the defendant should not be permitted to file an appeal from the judgment of a justice of the peace with the same force and effect as if it had been filed at or before November last, and staying an execution issued. The petition stated that…
1Opinion of the Court
Per Curiam,
This is an appeal from the discharge of a rule to show cause why the transcript of appeal from a justice of the peace should not be permitted to be filed nunc pro tunc, the transcript not having been filed on or before the first day of the next term after the appeal was taken.
Upon the most liberal view that may be taken of the power of the court in such cases, the learned judge has shown quite clearly in the opinion filed by him, that the application was properly refused. We can add nothing profitable to what he has said.
The order is affirmed at the costs of the appellant.
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