Fiscle v. Kissinger

Citations

• 53 Pa. Super. 453
• 1913 Pa. Super. LEXIS 198

Syllabus

<p>Practice, C. P. — Motion in arrest of judgment — Expiration of time limit — Permission of court.</p> <p>1. Where the defendant has permitted the time to expire within which under a rule of court a motion in arrest of judgment should be filed, leave of court is necessary to permit such motion to be filed thereafter.</p> <p>Justice of the peace — Appeals—Insufficient transcript — Cause of action — Arrest of judgment.</p> <p>2. Where on an appeal from a judgment of a justice of the peace it appears that the transcript of the justice shows no cause of action, but the defendant takes no rule on the plaintiff to file a declaration or bill of particulars, and goes to trial on the merits, he cannot after a verdict against him, move the court to arrest the judgment on the ground that the transcript showed no cause of action.</p>