Law v. Groves
Superior Court of Pennsylvania
Appeal, No. 114, April T., 1911, by defendant, from order of C. P. No. 4, Allegheny Co., First Term 1911, No. 305, discharging rule for an appeal nunc pro tunc in case of James Thomas Laws v. Joseph Groves. Rule for the allowance of an appeal nunc pro tunc. The opinion of the Superior Court states the case. Error assigned was the order discharging the rule.
1Opinion of the Court
Per Curiam,
Bail for appeal from the judgment of the justice of the peace was entered on October 13, 1910, and the transcript should have been filed in the common pleas on or before the next return day, which was November 7: Act of May 18,1871, P. L. 938. The excuse given by the defendant for not filing it was that the justice promised to mail it to him, but did not do so. The defendant testified that he did not receive the transcript, while the justice and his clerk testified to the effect that the transcript was properly signed, sealed, and mailed to the defendant on October 14, in an…
2Cases cited2 opinions
- Houk v. KnopSupreme Court of Pennsylvania · 1833
- Sherwood v. M'KinneySupreme Court of Pennsylvania · 1840
3Cited by4 opinions
- Kennemuth v. LewisSuperior Court of Pennsylvania · 1915
- Mason v. StackhouseSuperior Court of Pennsylvania · 1924
- Friend v. Russell, Pennsylvania Court of Common Pleas, Northampton County1930
- Wilson v. BrownDistrict Court, E.D. Pennsylvania · 1958