35 Pa. Super. 249 | Pa. Super. Ct. | 1908
Opinion by
Among the papers sent up with the record in return to the certiorari there appears what purports to be a transcript of the proceedings in this case before the magistrate, duly certified by him on March 2, 1907, and indorsed, “Filed March 4, ’07.” It is true it is not stated, in so many words, in the docket entries that it was filed in the clerk’s office, and it is not stated in the indorsement that it was made by the clerk of the quarter sessions, but the docket does set forth the title of the case, the name of the prosecutrix, the nature of the charge, the amount of the prosecutrix’s recognizance, the amount of bail the defendant was under, and the name of his surety. These entries correspond exactly with the magistrate’s transcript, and evidently were taken therefrom. Upon consideration of these facts, and the fact that the transcript comes from the proper custody, and was sent up to us in obedience to the certiorari, we dismiss as untenable the objection that the record does not show that the transcript was filed in the court below. Perhaps it would have been better practice to set forth the fact and date of filing in the docket, but taking the record as a whole the unavoidable implication is that the indorsement on the transcript was the act of the clerk of the quarter sessions and that the transcript was filed as thereby stated. Therefore it is to be considered as part of the record, and as the foundation of the proceedings which resulted in the order of support from which this appeal was taken. We need not recite the transcript or its substance'; it is enough for present purposes to say, as we may upon the authority of Commonwealth v. Hart, 12 Pa. Superior Ct. 605, where the subject was fully considered, that the return thus made of the proceedings before the magistrate was sufficient in form and substance to give the court jurisdiction. And, although the record of the court .below does not state that the order of support was made after hearing, this is to be presumed.
The appeal is dismissed and the record remitted to the court below.