Patterson v. Gallitzin Building & Loan Ass'n
Superior Court of Pennsylvania
Appeal, No. 115, April T., 1903, by defendant, from order of C. P. Cambria County, Dec. T., 1902, No. 10, refusing appeal nunc pro tunc in case of F. G. Patterson v. Gallitzin Building & Loan Association. Rule for leave to take appeal nunc pro tunc. Before O’Connor, P. J. The facts appear by the opinion of the Superior Court. Error assigned was order discharging rule. The appeal should have been allowed: Schrope v. Cauley, 2 Pa. Dist. Rep. 48; Kutz v. Skinner, 7 Pa.
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Appeal, No. 115, April T., 1903, by defendant, from order of C. P. Cambria County, Dec. T., 1902, No. 10, refusing appeal nunc pro tunc in case of F. G. Patterson v. Gallitzin Building & Loan Association. Rule for leave to take appeal nunc pro tunc. Before O’Connor, P. J. The facts appear by the opinion of the Superior Court. Error assigned was order discharging rule. The appeal should have been allowed: Schrope v. Cauley, 2 Pa. Dist. Rep. 48; Kutz v. Skinner, 7 Pa. Superior Ct. 346 ; Cochran v. Parker, 6 S. & R. 549; Mcllhaney v. Holland, 111 Pa. 634; Snyder v. Snyder, 7 Phila. 391;…
1Opinion of the Court
Opinion by
Rice, P. J.,
Judgment was regularly entered by the justice on August 12, 1902. On Tuesday, September 2, 1902, the plaintiff obtained a transcript of the judgment and entered it in the common pleas. On the same day an officer of the defendant company appeared before the justice for the purpose of taking an appeal which was refused because, as the justice held, the time for appeal had expired. He was unquestionably right in so holding unless it be the law that when the twentieth day after judgment falls on Labor day the party desiring to appeal lias until the following day to do so.…
2Cases cited3 opinions
- McIlhaney v. HollandSupreme Court of Pennsylvania · 1886
- A. J. Kutz & Son ex rel. Oyler v. SkinnerSuperior Court of Pennsylvania · 1898
- Robeson v. PelsSupreme Court of Pennsylvania · 1902
3Cited by8 opinions
- Nixon v. NixonSupreme Court of Pennsylvania · 1938
- Adelman, Trustee v. J. McShain, Inc.Superior Court of Pennsylvania · 1941
- Ambrose v. LaughlinSuperior Court of Pennsylvania · 1923
- Orban v. MakarczykSuperior Court of Pennsylvania · 1950
- Marat v. EldridgeSuperior Court of Pennsylvania · 1949
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