Ward v. Letzkus

Citations

• 152 Pa. 318
• 25 A. 778
• 1893 Pa. LEXIS 973

Syllabus

<p>[Marked to be reported.]</p> <p>Appeal from justice of peace — Act May 18, 1871 — Filing transcript nunc pro tunc — Neglect of counsel.</p> <p>Where an appeal has been taken from the judgment of a justice of the peace in Allegheny county within the time required by the act of May 18, 1871, P. L. 938, but, through the forgetfulness of counsel, the transcript was not filed in the court of common pleas, until after an intervening return. day had passed, the court has no jurisdiction to permit the appeal to be filed nunc pro tunc.</p> <p>In such a case counsel was the mere agent of his client, and the neglect of the one was the neglect of the other.</p>