Mellon National Bank v. Black

ACKER, J.,

Defendant, D. Edison Black, has secured a rule to show cause why an appeal from a justice of the peace by plaintiff, Mellon National Bank, should not be quashed.

After hearing before the justice of the peace, the claim of plaintiff of $460 was denied and judgment given in favor of defendant, whereupon plaintiff, according to the transcript, “. . . deposited in this office an affidavit of appeal together with the cashier’s check in the amount of $50.00 to cover costs ... No costs to this day have been paid this office.”

It is well established that: “A party appealing from the judgment…