Erie v. Piece of Land, Etc.

Supreme Court of Pennsylvania

Erie v. Piece of Land, Etc.

17 A.2d 399, 341 Pa. 310, 1941 Pa. LEXIS 423

CourtSupreme Court of Pennsylvania

DecidedJanuary 6, 1941

DocketPetitions, 1141A and 1142A Misc. Docket

StatusPublished

Cited by5 cases

This text of 17 A.2d 399 (Erie v. Piece of Land, Etc.) 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

Erie v. Piece of Land, Etc., 17 A.2d 399, 341 Pa. 310, 1941 Pa. LEXIS 423 (Pa. 1941).

Pincite

Opinion

Per Curiam,

These are two applications for leave to appeal from an order of the' Superior Court quashing the appeals on the ground that they were not taken within three months of the entry of the final judgments entered in the Common Pleas.

The judgments entered January 10, 1940, for want of sufficient replication, were final judgments at law. The *311 orders of January 26, 1940, allowing reargument before tbe court in banc on exceptions to the entry of the judgments did not open them or otherwise result in extending the time for appeal fixed by statute. See Barlott v. Forney, 187 Pa. 301, 41 A. 47; Bache v. Locke, 86 Pa. Superior Ct. 501; Miller v. Mt. Lebanon Twp., 309 Pa. 221, 163 A. 511. Compare Commonwealth v. Emerson Custis Co., 139 Pa. Superior Ct. 22, and cases cited p. 25 et seq., 10 A. 2d 850; Slagle’s Estate, 335 Pa. 552, 7 A. 2d 353.

.. The . practice in such actions at law is. not to be confused with procedure in equity (Rule 71) or to remove a nonsuit (Act of March 11, 1875, P. L. 6, 12 PS § 645; Fine v. Soifer, 288 Pa. 164, 135 A. 742) or in. the Orphans’ Court in counties not haying a separate Orphans’ Court; compare Com. v. Linderman’s Estate; 340 Pa. 289.

Petitions dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam,

These are two applications for leave to appeal from an order of the' Superior Court quashing the appeals on the ground that they were not taken within three months of the entry of the final judgments entered in the Common Pleas.

The judgments entered January 10, 1940, for want of sufficient replication, were final judgments at law. The *311 orders of January 26, 1940, allowing reargument before tbe court in banc on exceptions to the entry of the judgments did not open them or otherwise result in extending the time for appeal fixed by statute. See Barlott v. Forney, 187 Pa. 301, 41 A. 47; Bache v. Locke, 86 Pa. Superior Ct. 501; Miller v. Mt. Lebanon Twp., 309 Pa. 221, 163 A. 511. Compare Commonwealth v. Emerson Custis Co., 139 Pa. Superior Ct. 22, and cases cited p. 25 et seq., 10 A. 2d 850; Slagle’s Estate, 335 Pa. 552, 7 A. 2d 353.

.. The . practice in such actions at law is. not to be confused with procedure in equity (Rule 71) or to remove a nonsuit (Act of March 11, 1875, P. L. 6, 12 PS § 645; Fine v. Soifer, 288 Pa. 164, 135 A. 742) or in. the Orphans’ Court in counties not haying a separate Orphans’ Court; compare Com. v. Linderman’s Estate; 340 Pa. 289.

Petitions dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

17 A.2d 399, 341 Pa. 310, 1941 Pa. LEXIS 423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/erie-v-piece-of-land-etc-pa-1941.

Opinion

Related

Cite This Page — Counsel Stack