Legal Opinion

Ward v. Letzkus

Supreme Court of Pennsylvania

Decided January 3, 1893No. Appeal, No. 74PublishedCited by 29 opinions

Appeal, No. 74, Oct. T., 1892, by plaintiff, M. S. Ward & Co., from order of C. P. No. 3, Allegheny Co., Aug. T., 1891, No. 236, permitting an appeal from a justice of the peace to be filed nunc pro tunc. Appeal from justice of peace. The facts appear by the opinion of the Supreme Court. Errors assigned were, order of court (1) granting and (2) making absolute rule to show cause why defendant should not be permitted to file transcript nunc pro tunc, quoting orders.

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Appeal, No. 74, Oct. T., 1892, by plaintiff, M. S. Ward & Co., from order of C. P. No. 3, Allegheny Co., Aug. T., 1891, No. 236, permitting an appeal from a justice of the peace to be filed nunc pro tunc. Appeal from justice of peace. The facts appear by the opinion of the Supreme Court. Errors assigned were, order of court (1) granting and (2) making absolute rule to show cause why defendant should not be permitted to file transcript nunc pro tunc, quoting orders. The case was submitted without oral argument.

1Opinion of the Court

Opinion by

Mr. Chief Justice Paxson,

The appellant, having taken his appeal from the judgment of the justice of the peace within the time required by law, neglected to file the transcript in the court of common pleas until after an intervening return day had passed. The only reason given for this neglect was the forgetfulness of his attorney. Upon the application of the appellant the court below granted a rule to show cause why the appeal should not be filed nunc *319pro tunc, and several months after the return day had passed made the rule absolute. This is the error complained of.

We are not…

2Cases cited1 opinion

  1. Houk v. KnopSupreme Court of Pennsylvania · 1833

3Cited by29 opinions

  1. Nixon v. NixonSupreme Court of Pennsylvania · 1938
  2. Wise v. Cambridge Springs BoroughSupreme Court of Pennsylvania · 1918
  3. Fuel City Mfg. Co. v. Waynesburg Products Corp.Supreme Court of Pennsylvania · 1920
  4. Guy v. Stoecklein Baking Co.Superior Court of Pennsylvania · 1938
  5. Klugman v. Gimbel Bros.Superior Court of Pennsylvania · 1962

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