Yellow Cab Co. v. Carpol Realty Co.

Supreme Court of Pennsylvania

Yellow Cab Co. v. Carpol Realty Co.

282 A.2d 236, 444 Pa. 574, 1971 Pa. LEXIS 835

CourtSupreme Court of Pennsylvania

DecidedOctober 12, 1971

DocketAppeal, No. 210

StatusPublished

This text of 282 A.2d 236 (Yellow Cab Co. v. Carpol Realty Co.) 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

Yellow Cab Co. v. Carpol Realty Co., 282 A.2d 236, 444 Pa. 574, 1971 Pa. LEXIS 835 (Pa. 1971).

Pincite

Opinion

per Curiam,

A petition to open judgment, while addressed to the equitable powers of the Court of Common Pleas, is not an “action or proceeding in equity” within the meaning of Section 202(4) of the Appellate Court Jurisdiction Act of 1970. Act of July 31, 1970, P. L. 673, 17 P.S. §211.101. See Cochran v. Eldridge, 13 Wr. 365 (1865); Mitchell, Motions and Rules at Common Law, 118-120 (1906). Jurisdiction of an appeal from a final order making absolute a rule to open a judgment is thus properly vested in the Superior Court. Section 302, Appellate Court Jurisdiction Act of 1970.

[576]*576The record herein is hereby transferred to the Superior Court. Appellate Court Jurisdiction Act of 1970, supra, §503 (b) and §302.

Costs on appellant.

Mr. Justice Jones took no part in the consideration or decision of this case.

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Opinion

per Curiam,

A petition to open judgment, while addressed to the equitable powers of the Court of Common Pleas, is not an “action or proceeding in equity” within the meaning of Section 202(4) of the Appellate Court Jurisdiction Act of 1970. Act of July 31, 1970, P. L. 673, 17 P.S. §211.101. See Cochran v. Eldridge, 13 Wr. 365 (1865); Mitchell, Motions and Rules at Common Law, 118-120 (1906). Jurisdiction of an appeal from a final order making absolute a rule to open a judgment is thus properly vested in the Superior Court. Section 302, Appellate Court Jurisdiction Act of 1970.

[576]*576The record herein is hereby transferred to the Superior Court. Appellate Court Jurisdiction Act of 1970, supra, §503 (b) and §302.

Costs on appellant.

Mr. Justice Jones took no part in the consideration or decision of this case.

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Bluebook (online)

282 A.2d 236, 444 Pa. 574, 1971 Pa. LEXIS 835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yellow-cab-co-v-carpol-realty-co-pa-1971.