Zimmerman & Co. v. Somerset Mutual Fire Insurance

91 Pa. Super. 421, 1927 Pa. Super. LEXIS 208

• Court: Superior Court of Pennsylvania
• Decided: April 13, 1927
• Docket: Appeal 123
• Status: Published

Opinion

Per Curiam,

This appeal is from judgment entered in the court below pursuant to authority conferred in a case stated submitted by tbe parties, for tbe opinion of that court. Neither party reserved the right to appeal in the event of an adverse judgment.

It has long been the law that no appeal lies from a judgment so entered unless the right to appeal is reserved in the case stated: Fuller v. Trevoir, 8 S. & R. 529; Hughes’ Admr. v. Peaslee, 50 Pa. 257; Commonwealth v. Callahan, 153 Pa. 625. As the parties agreed to be bound by the judgment entered below, this court cannot entertain the appeal. We may say, however, that we have examined the case on its merits and find it properly decided.

The appeal quashed because no right to appeal was reserved.