First National Bank v. Fair

Citations

• 72 Pa. Super. 457
• 1919 Pa. Super. LEXIS 347

Syllabus

<p>Practice, C. P. — Appeals from justice of the peace — Certiorari after appeal — Affirmance of judgment — Appeals nunc pro tunc.</p> <p>Where the defendant against whom a judgment has been rendered before a magistrate filed a petition asking that the judgment be stricken ofi, and subsequently procured a writ of certiorari, and upon the hearing upon the certiorari the judgment was affirmed, the decision of the court is final.</p> <p>It was too late to consider a petition to strike off tbe transcript of a judgment, as a petition for an allowance to appeal nunc pro tune, made within the proper time, when such petition was not made until four months after the entry of the judgment. The defendant should have presented his petition for an allowance of an appeal nunc pro tunc promptly, and the court should not have relieved him from the effect of his laches.</p>