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WHITE v. YOUNG (12/15/60)

THE SUPREME COURT OF PENNSYLVANIA


December 15, 1960

WHITE
v.
YOUNG, APPELLANT.

Appeal, No. 185, March T., 1960, from order of Superior Court, April T., 1959, No. 62, from order of Court of Common Pleas of Washington County, No. 5494, in equity, in case of H. H. White v. Charles E. Young. Order of Superior Court vacated and appeal from court of common pleas dismissed.

COUNSEL

Francis A. Barry, with him Edward S. Martin, David M. Harrison, and Harrison & Louik, for appellant.

Adolph L. Zeman, with him Robert L. Zeman, and Zeman & Zeman, for appellee.

Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Eagen, JJ.

[ 402 Pa. Page 62]

OPINION PER CURIAM.

The order of the court of common pleas, dismissing the defendant's objection to equity's jurisdiction of the subject matter on the ground that there is a complete and adequate remedy at law, did not raise a question of jurisdiction appealable under the Act of March 5, 1925, P.L. 23, 12 PS ยง 672 et seq. See Korona v. Bensalem Township, 385 Pa. 283, 284, 122 A.2d 688. The appeal should therefore have been dismissed.

Disposition

The order of the Superior Court is vacated and the appeal from the court of common pleas dismissed at appellant's costs.

19601215

© 1998 VersusLaw Inc.



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