Patterson v. Gallitzin Building & Loan Ass'n

Citations

• 23 Pa. Super. 54
• 1903 Pa. Super. LEXIS 12

Syllabus

<p>Legal holidays — Holidays—Justice of the peace — Appeals.</p> <p>The fact that Labor Day is one of the clays designated in the Act of June 23, 1897, P. L. 188, as a holiday for certain purposes, is not sufficient to exclude it from the count in determining when the time for an appeal from a judgment of a justice of the peace expires.</p> <p>Justice of the peace — Appeals—Nunepro tune — Lack of diligence.</p> <p>IE without fault of his, a party desiring to appeal from a judgment of a justice of the peace is prevented from doing so by the act of the latter, an appeal may be allowed nunc pro tunc, if asked for in a reasonable time, but if the court finds on sufficient evidence that the failure to enter the appeal in time was due to the party's lack of diligence, the appellate court will not interfere.</p>