A. J. Kutz & Son ex rel. Oyler v. Skinner

Citations

• 7 Pa. Super. 346
• 1898 Pa. Super. LEXIS 295

Syllabus

<p>Justice of peace — Appeals nunc pro tunc — Laches—Discretion of court— Practice, O. P.</p> <p>The granting or refusing of an appeal nunc pro tunc from the judgment of a magistrate, is a matter of sound discretion. Where the transcript shows a continuance to a date fixed to enable defendant to produce his books of original entry, and a judgment for plaintiff, defendant having failed to produce the books, an allowance of an appeal nunc pro tunc by the justice, after delay of several years and an appeal filed after further delay, held such appeal was properly stricken off by the common pleas in the exercise of a sound judicial discretion.</p>