Eichenberg v. Leed

Opinion by

Landis, J.,

If an appeal is granted in this case the judgment entered on the transcript falls as of course. It is, therefore, unnecessary for us to consider the question of opening the judgment, and it would prove fruitless even if we did. This Court has no power to open judgments entered before magistrates, and to permit the defendant here to make a defense. A defendant must appeal if he desires his case heard in this form on its merits.

The leave to enter an appeal nunc pro tunc is, however, something entirely different. From the undisputed testimony and the transcript it appears…