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· 10/11/1915

Edelman v. Moser

Citations

  • 60 Pa. Super. 637
  • 1915 Pa. Super. LEXIS 256

Syllabus

<p>Justice of the peace — Appeals—Defects in record — Laches— Waiver — Nonsuit.</p> <p>Where the transcript of an appeal froin a justice of the peace bears no certificate of the justice, and the affidavit made by the defendant is not accompanied by the jurat of the justice, the plaintiff cannot after the expiration of almost a year, object to such defects when the case is called for trial.</p> <p>Where a rule of court provides that all motions to set aside a nonsuit shall be made and filed within five days after the'trial, the plaintiff cannot ask, after the expiration of six months from the trial, to have the nonsuit set aside. ■ , ■'• ‘ ‘</p>

Judges: Head, Kephart, Orlady, Rice, Trexler

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