S. F. Bowser & Co. v. Sharping.

Citations

• 43 Pa. Super. 353
• 1910 Pa. Super. LEXIS 53

Syllabus

<p>Justice of the peace — Affidavit of defense — Evidence—Appeals—Act of July 7,1879, P.L. 194.</p> <p>Where a defendant in an action before a justice of the peace files an affidavit of defense in compliance with the Act of July 7, 1879, P. L. 194, but at the hearing, the plaintiff although represented by counsel offers no evidence and the justice enters judgment dismissing the suit, such a judgment is a judgment of nonsuit from which no appeal lies, inasmuch as the plaintiff's remedy is not by an appeal, but by the institution of another suit.</p>