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MILTON BANK & SAFE DEPOSIT CO. v. BEACHEL (12/29/53)

December 29, 1953

MILTON BANK & SAFE DEPOSIT CO.
v.
BEACHEL



COUNSEL

Clair Groover, Mifflinburg, for appellant.

No book of appearance for appellee.

Before Rhodes, P. J., and Hirt, Reno, Ross, Gunther, Wright and Woodside, JJ.

Author: Woodside

[ 174 Pa. Super. Page 277]

WOODSIDE, Judge.

This is an appeal from an order striking off an appeal from a justice of the peace because of appellant's failure to comply with the lower court rule requiring notice of the filing of the appeal.

Judgment was entered by a justice of the peace for $39 in favor of the Milton Bank and Safe Deposit Co. and against E. B. Beachel, trading under the name of Beachel Taxi Service. After the entry of judgment Beachel, acting as his own attorney, said to the justice of the peace in the presence of the attorney for the

[ 174 Pa. Super. Page 278]

    plaintiff that he 'wanted to file an appeal' and the plaintiff's attorney replied that 'he should go ahead and file it.' The appeal was filed but the notice required by the rules of the lower court was not given. The present appellee thereupon obtained a rule to show cause why the appeal from the justice of the peace should not be stricken. The lower court made the rule absolute, refused Beachel the right to file the required notice nunc pro tunc, and struck off the appeal.

Rule IV of the Court of Common Pleas of Northumberland County provides as follows:

'IV. Appeals from Justices of the Peace, Magistrates or Aldermen

'1. In all civil actions brought into court on appeal from magistrates, justices of the peace, or aldermen, the appellant shall within five days give written notice to the opposite party of the filing of the appeal and proof of service thereof shall be filed of record * * *'

Rules somewhat similar are common to Common Pleas Courts and are generally strictly enforced. Dimeler v. Taylor, 1944, 54 Dauph.Co. 1, and cases there cited, Cohen v. Rapaport, 1948, 62 Pa.Dist. & Co.R. 71, 19 Northumberland Legal Journal 285; Specht v. Moyer, 10 Pa.Dist. & Co.R. 311 ...


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