Commonwealth v. City National Bank

Richards, P. J.,

specially presiding,

This matter comes before us on motion of the Com*151monwealth to dismiss the tax appeal of defendant for failure to file a bond. The appeal was taken on March 29, 1938. A hearing was held on November 15, 1939. On January 22, 1940, the Commonwealth presented its motion, averring that it learned of defendant’s failure to file the bond on January 19,1940. The court on the same day granted a rule upon defendant to show cause why the appeal should not be dismissed. The issuance of the rule was waived and the case duly argued before the court in banc.

The Commonwealth…