Yost v. Davison
Superior Court of Pennsylvania
Appeal, No. 121, April Term, 1897, by plaintiff, from order of C. P. No. 2, Allegheny Co., Jan. T\, 1897, No. 82, making absolute rule to grant an appeal from alderman nunc pro time. Petition and rule to show cause why an appeal from judgment of an alderman should not be allowed nunc pro tunc. The facts sufficiently appear in the opinion of the court. The court below made the rule absolute. Plaintiff appealed.
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Appeal, No. 121, April Term, 1897, by plaintiff, from order of C. P. No. 2, Allegheny Co., Jan. T\, 1897, No. 82, making absolute rule to grant an appeal from alderman nunc pro time. Petition and rule to show cause why an appeal from judgment of an alderman should not be allowed nunc pro tunc. The facts sufficiently appear in the opinion of the court. The court below made the rule absolute. Plaintiff appealed. Error assigned was making absolute the rule to show cause why an appeal should not be allowed nunc pro tunc.
1Opinion of the Court
Opinion by
Smith, J.,
A judgment was entered in this case before an alderman on October 2,1896. The defendant appealed therefrom on the following day, but did not file a transcript in the court of common pleas on or before the next return day (October 5), as required by the act of May 18,1871. After an execution had been issued and within twenty days from the entry of the judgment the defendant applied to the court below for a rule on the plaintiff to show cause why the appeal should not be allowed nunc pro *470tunc, and thus overcome the effect of the failure to perfect the appeal on or before the…
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