American Travel & Hotel Directory v. Culm-Burn Equipment Co.

Opinion by

Henderson, J.,

The appellant complains of the action of the court below in striking off an appeal taken from the judgment of a magistrate in Philadelphia. The judgment was entered April 27, 1923. On the second day of May following the defendant appealed and gave bail as required by law. The transcript was filed in the municipal court May 11, 1923. The first return day for the filing of appeals after the appeal was taken was Monday, May 7th. The basis of the action of the court was the omission of the defendant to file Ms transcript on or before the latter date.

It is provided in the…