Donley v. Semans

Citations

• 260 Pa. 88
• 103 A. 537
• 1918 Pa. LEXIS 473

Syllabus

<p>Sheriffs’ sales — Advertising—Notice to defendant — Failure to personally serve — Presence at sale — Act of Jan. IB, 1705,1 Smith’s Laws, 56, Sec. k-</p> <p>1. Exceptions to a sheriff’s sale, complaining that notice of the sale was not given to defendant as required by the Act of January 12, 1705, 1 Smith’s Laws 56, Section 4, are without merit, where it appears that the defendant had actual notice, was represented at the sale by an attorney of record, and where it does not appear how further notice could have added to the defendant’s information on the subject, or have conferred on him additional advantage.</p> <p>Practice, Supreme Court — Appeals—Time for talcing and perfecting appeals' — Act of May 19, 1897, P. L. 67 — Quashing appeal.</p> <p>2. An appeal may be taken at any time within six months from the entry of the decree, order or judgment appealed from, under the Act of May 19, 1897, P. L. 67, and must be. perfected within a reasonable time thereafter.</p> <p>3. An appeal is not perfected until the writ of certiorari issued by the appellate court has been lodged in the court from which the appeal is taken.</p> <p>4. A motion to quash an appeal will be granted where it appears that the decree appealed from was entered July 31, 1916, and the writ of certiorari was issued January 30, 1917, but was not filed in the court below until August 16, 1917, and that no notice of the appeal was given until that time.</p>