Legal Opinion

Yost v. Davison

Superior Court of Pennsylvania

Decided July 23, 1897No. Appeal, No. 121PublishedCited by 13 opinions

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…

2Cases cited5 opinions

  1. Ward v. LetzkusSupreme Court of Pennsylvania · 1893
  2. Lauer v. Lauer Brewing Co.Supreme Court of Pennsylvania · 1897
  3. National Transit Co. v. United States Pipe Line Co.Supreme Court of Pennsylvania · 1897
  4. Samuel Cupples Wooden Ware Co. v. HoweSupreme Court of Pennsylvania · 1894
  5. Commonwealth v. ReiserSupreme Court of Pennsylvania · 1892

3Cited by13 opinions

  1. Adelman, Trustee v. J. McShain, Inc.Superior Court of Pennsylvania · 1941
  2. Caples v. KlugmanSuperior Court of Pennsylvania · 1964
  3. Commonwealth v. LuckeySuperior Court of Pennsylvania · 1906
  4. Anderson v. McMichaelSuperior Court of Pennsylvania · 1897
  5. City of Philadelphia ex rel. Achuff v. ChristmanSuperior Court of Pennsylvania · 1897

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