Law v. Groves

Citations

• 47 Pa. Super. 411
• 1911 Pa. Super. LEXIS 168

Syllabus

<p>Justice of the peace — Appeals—Appeal nunc pro tunc.</p> <p>An appeal from a judgment of a justice of the peace will not be permitted to be filed nunc pro tunc after the expiration of the statutory period on the defendant’s testimony that the justice had promised to mail the transcript to him, but had failed to do so; and such a decision is all the more justified where the justice and his clerk testify that the transcript was properly mailed in ample time in an envelope showing the justice’s address, and that it was never returned, and where it also appears that the defendant had ample time before the return day within which to appear personally before the justice and demand the transcript.</p>