Thompson v. Preston
Superior Court of Pennsylvania
Appeal, No. 164, April T., 1897, by defendants, from order of C. P. Washington Co., August T., 1896, No. 114, refusing leave to appeal nunc pro tunc from judgment of magistrate. Rule to strike off an appeal and application for leave to appeal nunc pro tunc.
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Appeal, No. 164, April T., 1897, by defendants, from order of C. P. Washington Co., August T., 1896, No. 114, refusing leave to appeal nunc pro tunc from judgment of magistrate. Rule to strike off an appeal and application for leave to appeal nunc pro tunc. Before Taylor, J. The following facts appear from the opinion of the court below: Hearing on rule to show cause why the appeals taken by the defendants from the judgments entered for a penalty, by D. M. Donehoo, Esq., a justice of the peace, should not be stricken off, as improvidently entered, for the reason that the judgments of the…
1Opinion of the Court
Opinion by
Wickham, J.,
The defendants are met at the threshold of this court by a motion to quash their appeal. The reason assigned is that the Act of April 17, 1876, P. L. 29 under which the application to the court below was made for the allowance of the appeal from the judgment of the justice of the peace, gives no appeal from the order of the court refusing the application.
This is quite true, and if we were required to look at the case *157as here on appeal or writ of error, technically so called, we would be without jurisdiction. But as everything that comes to this court for review is…
2Cases cited4 opinions
- Commonwealth v. EichenbergSupreme Court of Pennsylvania · 1891
- McGuire v. Borough of ShenandoahSupreme Court of Pennsylvania · 1885
- Commonwealth v. MenjouSupreme Court of Pennsylvania · 1896
- Appeal of the CommissionersSupreme Court of Pennsylvania · 1868
3Cited by40 opinions
- Commonwealth v. PalmsSuperior Court of Pennsylvania · 1940
- Commonwealth v. PeacockSuperior Court of Pennsylvania · 1935
- Commonwealth ex rel. Allegheny County v. HendleySuperior Court of Pennsylvania · 1898
- Commonwealth v. LevineSuperior Court of Pennsylvania · 1908
- Commonwealth v. StewartSuperior Court of Pennsylvania · 1939
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