Palethorp v. Palethorp

Supreme Court of Pennsylvania

Palethorp v. Palethorp

31 A. 917, 168 Pa. 102, 1895 Pa. LEXIS 762

Supreme Court of Pennsylvania·Decided May 13, 1895·No. Appeal, No. 204·Published·Cited by 2 cases

Opinion

Per Curiam,

While we do not regard the decree appealed from in this [105]*105case as a final decree, we are very clear that the common pleas has jurisdiction of the case and the parties. That court now possesses all the power of a court of equity in partition cases. We cannot now discuss the merits of the controversy, but we are of opinion that the plaintiff’s interest is sufficient to sustain a bill and that the rights of all the parties can be determined in the subsequent proceedings.

Decree affirmed.

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Per Curiam,

While we do not regard the decree appealed from in this [105]*105case as a final decree, we are very clear that the common pleas has jurisdiction of the case and the parties. That court now possesses all the power of a court of equity in partition cases. We cannot now discuss the merits of the controversy, but we are of opinion that the plaintiff’s interest is sufficient to sustain a bill and that the rights of all the parties can be determined in the subsequent proceedings.

Decree affirmed.

Palethorp v. Palethorp, 31 A. 917, 168 Pa. 102, 1895 Pa. LEXIS 762 (Pa. 1895).

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Opinion

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