Rieseck v. Lanahan
Superior Court of Pennsylvania
Appeal, No. 52, April T., 1899, by plaintiffs, from order of C. P. No. 2, Allegheny Co., July T., 1898, No. 317, allowing appeal from alderman to be filed nunc pro tunc. Per curiam. Appeal by defendants from judgment of alderman. The following facts appear from the docket entries: Appeal by defendant from judgment of alderman Jno. Burns on April 15,1898, in favor of plaintiff for $226 and costs, $3.15, paid by defendant; Chas. Dugan bail in $50.00 for costs.
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Appeal, No. 52, April T., 1899, by plaintiffs, from order of C. P. No. 2, Allegheny Co., July T., 1898, No. 317, allowing appeal from alderman to be filed nunc pro tunc. Per curiam. Appeal by defendants from judgment of alderman. The following facts appear from the docket entries: Appeal by defendant from judgment of alderman Jno. Burns on April 15,1898, in favor of plaintiff for $226 and costs, $3.15, paid by defendant; Chas. Dugan bail in $50.00 for costs. And now, June 6,1898, petition presented in open court and rule granted on defendant, to show cause why appeal should not be stricken…
1Opinion of the Court
Per Curiam,
In Yost v. Davison, 5 Pa. Superior Ct. 469, we held that an order allowing a transcript of appeal from the judgment of a justice of the peace to be filed nunc pro tunc is interlocutory, and from it an independent appeal does not lie. This conclusion was reached after a full consideration of the question and we see no reason for not adhering to it. See also Starr’s Estate, 3 Pa. Superior Ct. 212, Drum v. Uplinger, 9 Pa. Superior Ct. 404, and Powell v. Gayley, 9 Pa. Superior Ct. 405.
The appeal is quashed at the costs of the appellant, and the record is remitted with a procedendo.
2Cases cited4 opinions
- Yost v. DavisonSuperior Court of Pennsylvania · 1897
- Estate of StarrSuperior Court of Pennsylvania · 1897
- Drum v. UplingerSuperior Court of Pennsylvania · 1899
- Powell v. GayleySuperior Court of Pennsylvania · 1899
3Cited by1 opinion
- Commonwealth v. LuckeySuperior Court of Pennsylvania · 1906