Lit Bros. v. Dixon

Hause, P. J.,

A judgment was recovered against the defendants before a justice of the peace on August 24, 1933. On August 29th an appeal was taken which was not filed in the prothonotary’s office until September 5th, 1 day after the first day of the regular term of court following the date when the appeal was taken.

The plaintiff moves to strike off the appeal on the ground that it was not filed in time. Defendants insist that inasmuch as the first day of the regular term of court following the appeal fell on Labor Day, a legal holiday, they had the following day on which to enter the appeal.

The…