Binder v. Miller

Supreme Court of Pennsylvania

Binder v. Miller

317 A.2d 304, 456 Pa. 11, 1974 Pa. LEXIS 496

CourtSupreme Court of Pennsylvania

DecidedMarch 25, 1974

DocketAppeal, No. 279

StatusPublished

Cited by11 cases

This text of 317 A.2d 304 (Binder v. Miller) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Binder v. Miller, 317 A.2d 304, 456 Pa. 11, 1974 Pa. LEXIS 496 (Pa. 1974).

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Opinion

Per Curiam,

This action in equity was filed in the Civil Trial Division of the Court of Common Pleas of Philadelphia. The defendants filed preliminary objections to the complaint challenging the “jurisdiction” of the Civil Trial Division to entertain the action and asserting “exclusive jurisdiction” was in the Orphans’ Court Division. When these preliminary objections were overruled, the defendants filed this appeal under the provisions of the Act of March 5, 1925, P. L. 23, 12 P.S. § 672, as amended by the Act of July 31, 1970, P.L. 673, No. 223, Art. II, § 202, 17 P.S. § 211.202 (Supplement).

The issue presented is not one of jurisdiction. See Posner v. Sheridan, 451 Pa. 51, 299 A. 2d 309 (1973). Hence, the appeal is not cognizable under the Act of 1925, supra. The decree entered in the trial court is [13]*13interlocutory in nature from which the instant appeal does not lie.¹

Appeal quashed. Each party to pay own costs.

Mr. Chief Justice Jones dissents.

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Opinion

Per Curiam,

This action in equity was filed in the Civil Trial Division of the Court of Common Pleas of Philadelphia. The defendants filed preliminary objections to the complaint challenging the “jurisdiction” of the Civil Trial Division to entertain the action and asserting “exclusive jurisdiction” was in the Orphans’ Court Division. When these preliminary objections were overruled, the defendants filed this appeal under the provisions of the Act of March 5, 1925, P. L. 23, 12 P.S. § 672, as amended by the Act of July 31, 1970, P.L. 673, No. 223, Art. II, § 202, 17 P.S. § 211.202 (Supplement).

The issue presented is not one of jurisdiction. See Posner v. Sheridan, 451 Pa. 51, 299 A. 2d 309 (1973). Hence, the appeal is not cognizable under the Act of 1925, supra. The decree entered in the trial court is [13]*13interlocutory in nature from which the instant appeal does not lie.¹

Appeal quashed. Each party to pay own costs.

Mr. Chief Justice Jones dissents.

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Bluebook (online)

317 A.2d 304, 456 Pa. 11, 1974 Pa. LEXIS 496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/binder-v-miller-pa-1974.

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