Livingston v. Kerbaugh

Citations

• 30 Pa. Super. 534
• 1906 Pa. Super. LEXIS 114

Syllabus

<p>Practice, C. P. — Rules of court — Construction—Review.</p> <p>Every court is the best judge of its own rules, and an appellate court will not reverse for any construction of such rules unless it is manifestly erroneous and injurious.</p> <p>Where the court of common pleas construes one of its own rules so as to make the practice under it conform to the spirit and meaning of the procedure Act of May 25, 1887, P. L. 272, the action of the court below will not be reversed by the appellate court, although the language of the rule may be susceptible of another construction.</p> <p>Where a rule of court provides that “in appeals from the judgments of the justices of the peace, the appellant shall within ten days after the filing thereof, file a specific affidavit of claim or defense,” and the court construes the rule as applicable only in cases ex contractu, as far as an affidavit of defense is required, the appellate court will not adopt another construction.</p>