Reeves v. Nevin

Superior Court of Pennsylvania

Reeves v. Nevin

89 Pa. Super. 484, 1925 Pa. Super. LEXIS 10

CourtSuperior Court of Pennsylvania

DecidedApril 28, 1925

DocketAppeal 218

StatusPublished

This text of 89 Pa. Super. 484 (Reeves v. Nevin) 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.

Bluebook

Reeves v. Nevin, 89 Pa. Super. 484, 1925 Pa. Super. LEXIS 10 (Pa. Ct. App. 1925).

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Opinion

Per Curiam,

The original action was brought in the County Court of Allegheny County. It arose out of a collision between automobiles. The defendant made application to the Court of Common Pleas for leave to appeal from the county court, whereupon a rule to show cause was granted, which was made absolute. From that action this appeal was taken, the appellant complaining that the appeal to the Court of Common Pleas was taken too *485 late; the reply to which by the defendant is that it was taken in accordance with Rule 24, of the Court of Common Pleas of Allegheny County and that the plaintiff waived the delay.

We are all of the opinion that the order appealed from is interlocutory and that the appeal must be quashed. It has none of the features of a final judgment; the case is still pending, and the objection to the regularity of the proceeding may be raised at the trial. The appeal is quashed at the cost of the appellant.

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Per Curiam,

The original action was brought in the County Court of Allegheny County. It arose out of a collision between automobiles. The defendant made application to the Court of Common Pleas for leave to appeal from the county court, whereupon a rule to show cause was granted, which was made absolute. From that action this appeal was taken, the appellant complaining that the appeal to the Court of Common Pleas was taken too *485 late; the reply to which by the defendant is that it was taken in accordance with Rule 24, of the Court of Common Pleas of Allegheny County and that the plaintiff waived the delay.

We are all of the opinion that the order appealed from is interlocutory and that the appeal must be quashed. It has none of the features of a final judgment; the case is still pending, and the objection to the regularity of the proceeding may be raised at the trial. The appeal is quashed at the cost of the appellant.

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Bluebook (online)

89 Pa. Super. 484, 1925 Pa. Super. LEXIS 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reeves-v-nevin-pasuperct-1925.