Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

JEFFERIES v. TUCKER. (12/29/56)

THE SUPREME COURT OF PENNSYLVANIA


December 29, 1956

JEFFERIES, APPELLANT,
v.
TUCKER.

Appeal, No. 286, Jan. T., 1956, from order of Court of Common Pleas No. 1 of Philadelphia County, Dec. T., 1953, No. 2619, in case of Thomas W. Jefferies v. Ida M. Tucker and Morton Witkin, executors of estate of Celia L. Jefferis, deceased. Order affirmed. Bill in equity. Defendants' preliminary objections sustained and final order entered, opinion by HAGAN, J. Plaintiff appealed.

COUNSEL

Jack C. Briscoe, with him Robert C. Duffy, for appellant.

Morton Witkin, with him Charles F. Nahill, and Witkin & Egan, for appellee.

Before Stern, C.j., Jones, Bell, Chidsey, Musmanno and Arnold, JJ.

[ 387 Pa. Page 235]

OPINION PER CURIAM

Nothing is to be gained by rephrasing what Judge HAGAN so well said in sustaining the defendants' preliminary objections to the plaintiff's complaint. Whether the order entered below is really appealable is at least open to question. It certainly is not definitive and does not put the plaintiff out of court. It merely suspends further procedure in the court below until the plaintiff submits his grievances to the arbitration provided for in the written partnership agreement between him and his sister (now deceased) who, as defendant in the suit, is represented on the record by her executors. The court was justified in refusing to set aside the agreement on manifestly insufficient allegations of fraud in its execution.

Disposition

Order affirmed at appellant's costs.

19561229

© 1998 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.