Sherwood v. M'Kinney
Supreme Court of Pennsylvania
IN ERROR. Error to the Common Pleas of Montgomery County. Daniel 'M'Kinney brought an action before a justice of thdpeace against Samuel Sherwood and obtained a judgment; from which the defendant appealed on the 3d of September, 1839; but the transcript from the justice’s docket was not filed before the first day of the next term of the Common Pleas.
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IN ERROR. Error to the Common Pleas of Montgomery County. Daniel 'M'Kinney brought an action before a justice of thdpeace against Samuel Sherwood and obtained a judgment; from which the defendant appealed on the 3d of September, 1839; but the transcript from the justice’s docket was not filed before the first day of the next term of the Common Pleas. On the 19th of November, 1839, the Court of Common Pleas granted a rule to show cause why .the transcript should not be filed nunc •pro tunc, on the filing of the following affidavit. “ Samuel Sherwood, the defendant in the above case, on his…
1Per curiam
This case is entirely within the principle of Houk v. Knop. There was no neglect of anything that appertained to the official duty of the justice; who had the transcript ready for delivery within the time. Instead of attending to the filing of it in *437his proper person or by his counsel, the appellant committed it to the justice ; and the negligence which ensued was consequently his own- • -
Judgment affirmed.
2Cited by3 opinions
- Kennemuth v. LewisSuperior Court of Pennsylvania · 1915
- Law v. GrovesSuperior Court of Pennsylvania · 1911
- Friend v. Russell, Pennsylvania Court of Common Pleas, Northampton County1930