A. J. Kutz & Son ex rel. Oyler v. Skinner
Superior Court of Pennsylvania
Appeal, No. 25, March T., 1898, by defendant, from definitive decree of C. P. Cumberland Co., Feb. T., 1897, No. 306, making absolute rule to strike off. appeal from justice. Rule to strike off appeal from the judgment of the justicie of the peace. The facts sufficiently appear in the opinion of the court. The court below made the rule to strike off absolute. Defendant appealed.
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Appeal, No. 25, March T., 1898, by defendant, from definitive decree of C. P. Cumberland Co., Feb. T., 1897, No. 306, making absolute rule to strike off. appeal from justice. Rule to strike off appeal from the judgment of the justicie of the peace. The facts sufficiently appear in the opinion of the court. The court below made the rule to strike off absolute. Defendant appealed. JErrors assigned among others were (1) in its opinion it stating “ although circumstances may be shown which will justify the granting or permission to take an appeal after the lapse of twenty days, such a state of…
1Opinion of the Court
Opinion by
Wickham, J.,
Suit was brought by the plaintiff against the defendant, before a justice of the peace, on March 8, 1893. The summons was made returnable March 13, 1893, and what occurred then, and up to the time of entry of judgment, is best told by the following extract from the justice’s record, to wit: “ Parties met at time set, and tried to settle account, but failed to agree. Defendant asked for a short time to produce his books of original entries, which was granted, and after waiting until the date, *348April 26, 1898, on defendant, and being told by me (the justice) several times…
2Cited by8 opinions
- Adelman, Trustee v. J. McShain, Inc.Superior Court of Pennsylvania · 1941
- Dougherty v. GreggsSuperior Court of Pennsylvania · 1946
- Patterson v. Gallitzin Building & Loan Ass'nSuperior Court of Pennsylvania · 1903
- Confluence Borough v. Thomas, Pennsylvania Court of Common Pleas, Somerset County1950
- Federal Discount Co. v. Oldinsky, Pennsylvania Court of Common Pleas, Schuylkill County1934
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