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VETERANS FOREIGN WARS POST 6068 v. SULLIVAN COUNTY SCHOOL DISTRICT. (01/07/64)

THE SUPREME COURT OF PENNSYLVANIA


January 7, 1964

VETERANS OF FOREIGN WARS POST 6068, APPELLANT,
v.
SULLIVAN COUNTY SCHOOL DISTRICT.

Appeal, No. 247, Jan. T., 1963, from decree of Court of Common Pleas of Sullivan County, Sept T., 1962, No. 1, in case of Veterans of Foreign Wars Post 6068 v. Sullivan County School District. Case remitted to Superior Court.

COUNSEL

E. Charles Coslett, with him Cardoni, Gallagher, Coslett & Sobota, for appellants.

Kenneth B. Lee, with him Charles M. Kschinka, for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.

Author: Bell

[ 413 Pa. Page 98]

OPINION BY MR. CHIEF JUSTICE BELL

Plaintiff filed a complaint in Equity praying for an injunction to restrain defendants from selling real estate which they had purchased at public sale for $700. The Court sustained preliminary objections in the nature of a demurrer, dissolved the preliminary injunction which it had granted and dismissed plaintiff's complaint.

This was an appealable Order. An Order is appealable which (a) dissolves a preliminary injunction: Rubin v. Bailey, 398 Pa. 271, 157 A.2d 882; Aldrich v. Geahry, 360 Pa. 376, 61 A.2d 843, or (b) which grants or refuses, or continues a preliminary injunction:*fn* Dozor Agency v. Rosenberg, 403 Pa. 237, 240, 169 A.2d 771; Slott v. Plastic Fabricators, Inc., 402 Pa. 433,

[ 413 Pa. Page 99167]

A.2d 306; Williams v. Bridy, 391 Pa. 1, 136 A.2d 832; Lindenfelser v. Lindenfelser, 385 Pa. 342, 123 A.2d 626. However, jurisdiction in this case lies in the Superior Court because, at the time the appeal was taken, the amount involved was only $700.*fn** Act of June 24, 1895, P.L. 212, § 7(c) and § 9, as amended, 17 P.S. §§ 181, 184 and 194.

Disposition

The case is remitted to the Superior Court, appellant to pay costs.


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