Houk v. Knop
Supreme Court of Pennsylvania
ERROR to Cumberland county.' This suit originated before a justice by Isaac Knop against George Houk: a judgment was rendered for the plaintiff from which the defendant appealed. The justice having been engaged at the time, promised the defendant that he would make a transcript and file it in the common pleas before the next term, but which he neglected to do.
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ERROR to Cumberland county.' This suit originated before a justice by Isaac Knop against George Houk: a judgment was rendered for the plaintiff from which the defendant appealed. The justice having been engaged at the time, promised the defendant that he would make a transcript and file it in the common pleas before the next term, but which he neglected to do. The appeal was filed after the first day of the term by the defendant himself, which, on motion, the court (Reed, president) struck off.
1Per curiam
Had the justice refused the appellant a transcript, in time for the filing of the appeal, the case would have been a strong one for him. There was however no refusal, but a promise to furnish it when the matter in hand should be finished; on which, instead of waiting for that, and giving his personal attention to the matter, the appellant committed the whole to the care of the justice, not only to furnish the transcript, but institute the appeal in the office; so that having made the justice his agent, he is bound by his negligence.
Judgment affirmed.
2Cited by7 opinions
- Fuel City Mfg. Co. v. Waynesburg Products Corp.Supreme Court of Pennsylvania · 1920
- Klugman v. Gimbel Bros.Superior Court of Pennsylvania · 1962
- Ward v. LetzkusSupreme Court of Pennsylvania · 1893
- Kennemuth v. LewisSuperior Court of Pennsylvania · 1915
- Law v. GrovesSuperior Court of Pennsylvania · 1911
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