Mehaffey v. Fink

Citations

• 13 Pa. Super. 534
• 1900 Pa. Super. LEXIS 193

Syllabus

<p>Appeals — Delay in perfecting — Notice—Rule of court.</p> <p>Where an appeal is not perfected by the filing of the writ in the office of the prothonotary of the court from which the appeal is taken, within six months from the entry of the decree, order or judgment, or within reasonable time thereafter, and where appellant omitted to file his assignments of error as provided in Rule 9, and to give notice of the appeal as required by Rule 6, the same will be quashed.</p> <p>Appeal from justice — Oause of action — Judgment by default.</p> <p>On an appeal from the judgment of justice of peace, it would seem that a rule of court providing for a judgment by default does not apply where the plaintiff has elected to file a statement of claim which discloses that he had no cause of action.</p>