
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 Excerpt:...said appeal at the next term of court. The bond was filed and approved, but no transcript filed in the Prothonotary's office. After the lapse of several terms, defendant petitioned to have the same tiled nunc pro tunc, and plaintiff moved to strike off the appeal. Held, that the rule to strike off must be made absolute. The Act of April 17, 1876, P. L. 20, expressly provides that the appeal shall only be upon such terms as the Court allowing the appeal shall direct. It was the duty of the appellant, after he had obtained an allowance of appeal from the proper court, to show it to the court from which the appeal was to be taken and demand that his appeal be noted and that a transcript issue to the appellant in order that he could enter it in the Prothonotary's office according to law. The fact that defendant notified plaintiff that an appeal had been taken was not a compliance with the conditions of the bond. It is true that the Court can exercise sound discretion in the allowance of an appeal nunc pro tunc, but in this case nothing has been presented which would tend to excuse the defendant for his apparent delay and negligence. Petition to file transcript nunc pro tunc. Motion to strike off appeal. January Term. 1915, No. 74. Jno. L. Rouse, for motion. Jas. G. Glessner, contra. February 7, 1916. Opinion by Ross, J. On the 25th day of November, 1914, a petition was presented to this Court by the above named defendant which related substantially the following facts: 1. In a proceeding before the Mayor of the City of York, Pa., on the complaint of one Andrew P. Myers, a policeman, the defendant was charged with failing to report all articles taken in pawn or purchased, etc., contrary to an ordinance of the City of York, known as File of Select Council Bill, N...
Page Count:
280
Publication Date:
2012-03-06
Publisher:
RareBooksClub.com
ISBN-10:
1130223795
ISBN-13:
9781130223798
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