First National Bank v. Fair
Superior Court of Pennsylvania
Appeal, No. 81, April T., 1919, by plaintiff;, from order of C. P. Beaver Co., March T., 1918, No. 396, allowing an appeal nunc pro tunc in the case of First National Bank of Beaver v. B. O. Fair. Rule to strike off judgment and certiorari on judgment of justice of the peace.
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Appeal, No. 81, April T., 1919, by plaintiff;, from order of C. P. Beaver Co., March T., 1918, No. 396, allowing an appeal nunc pro tunc in the case of First National Bank of Beaver v. B. O. Fair. Rule to strike off judgment and certiorari on judgment of justice of the peace. Before Baldwin, P. J. The court discharged the rule to set aside judgment of the justice of the peace, and converted the rule to show cause why the judgment should not be stricken off into a rule to show cause why an appeal should not be allowed nunc pro tunc, which rule was made absolute. Plaintiff appealed. Error…
1Opinion of the Court
Opinion by
Trexler, J.,
This was suit on a note. Tbe hearing was held by tbe justice of tbe peace, on September 27,1917. On January 29, 1918, a transcript was filed in tbe common pleas and on February 28th, a fi. fa. was issued. On March 2d, tbe defendant filed a petition asking tbe court to strike off tbe transcript alleging, among other things which require no comment, that tbe defendant bad no notice of tbe entry of tbe judgment, although tbe justice bad promised to advise him when that was done. An answer was filed to this rule. On March 8th, tbe defendant caused a writ of certiorari to be…
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