Konheim v. Pomeroy's, Inc.

Hargest, P. J.,

This matter comes before us upon a petition and rule thereon, to show cause why an appeal should not be stricken from the record. On May 11,1934, the defendant filed an appeal from the judgment of Eussell O. Eitchie, an alderman of the City of Harrisburg, in the sum of $138 and costs. The petition avers that the defendant did not give written notice of the filing of the appeal to the plaintiff or his attorney or agents.

Eule 52 of this court provides, inter alia:

“In all civil actions brought into Court on appeal from justices of the peace *130or aldermen, the appellant, if he be the…