Heilman v. Weylman

Superior Court of Pennsylvania

Heilman v. Weylman

83 Pa. Super. 188, 1924 Pa. Super. LEXIS 93

CourtSuperior Court of Pennsylvania

DecidedApril 15, 1924

DocketAppeal, 7

StatusPublished

Cited by1 cases

This text of 83 Pa. Super. 188 (Heilman v. Weylman) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Heilman v. Weylman, 83 Pa. Super. 188, 1924 Pa. Super. LEXIS 93 (Pa. Ct. App. 1924).

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Opinion

Per Curiam,

Appellee moved to quash this appeal, as taken one day beyond the statutory period. Appellant then moved (1) to quash the appeal as taken prematurely, asserting that the decree appealed from was not final; (2) that the record be remitted with direction that the court below enter a final decree in accordance with Equity Rule 83.

The decree was as follows: “October 17, 1921, the exceptions, in the above entitled equity case, having been overruled, the nisi decree is now entered as the final decree in the cause, and the plaintiff’s bill of complaint is dismissed, at the costs of the plaintiff.” In the circumstances, we consider the words “the plaintiff’s bill of complaint is dismissed, at the costs of the plaintiff,” a final decree; appellant’s motion is therefore dismissed.

As appellant conceded the appeal was taken more than six months after the decree was entered, it was too late. Appeal quashed.

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Per Curiam,

Appellee moved to quash this appeal, as taken one day beyond the statutory period. Appellant then moved (1) to quash the appeal as taken prematurely, asserting that the decree appealed from was not final; (2) that the record be remitted with direction that the court below enter a final decree in accordance with Equity Rule 83.

The decree was as follows: “October 17, 1921, the exceptions, in the above entitled equity case, having been overruled, the nisi decree is now entered as the final decree in the cause, and the plaintiff’s bill of complaint is dismissed, at the costs of the plaintiff.” In the circumstances, we consider the words “the plaintiff’s bill of complaint is dismissed, at the costs of the plaintiff,” a final decree; appellant’s motion is therefore dismissed.

As appellant conceded the appeal was taken more than six months after the decree was entered, it was too late. Appeal quashed.

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Bluebook (online)

83 Pa. Super. 188, 1924 Pa. Super. LEXIS 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heilman-v-weylman-pasuperct-1924.

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