Kennemuth v. Lewis

Citations

• 61 Pa. Super. 251
• 1915 Pa. Super. LEXIS 309

Syllabus

<p>Justice of the peace — Appeals—Failure to talce appeal in time— Justice as agent of defendant.</p> <p>An appeal from a judgment of a justice of the peace will not be allowed nunc pro tunc where it appears that the defendant requested the justice to give him a transcript, that the justice said he could not do it at the time but that he would mail it to defendant’s attorney, and that the justice did not act, so as to permit an appeal to be filed within the statutory time. In such a case the justice is the agent of the defendant, and the latter is bound by his negligence.</p>