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BUDDE v. SANDLER (06/11/64)

decided: June 11, 1964.

BUDDE
v.
SANDLER, APPELLANT



Appeal from order of Court of Common Pleas No. 5 of Philadelphia County, March T., 1962, No. 3100, in case of Bernard L. Budde et al. v. Bernard Sandler.

COUNSEL

Bernard M. Gross, for appellant.

Howard M. Girsh, with him George J. Lavin, Jr. and Manuel Steinberg, for appellees.

Rhodes, P. J., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. Opinion by Flood, J. Wright, J., concurs in the result.

Author: Flood

[ 204 Pa. Super. Page 37]

This appeal from the action of the court below dismissing the motion to quash an appeal from the award of the arbitrators is interlocutory and must be quashed. Caples v. Klugman, 202 Pa. Superior Ct. 517, 198 A.2d

[ 204 Pa. Super. Page 38342]

(1964). However, in view of the divergent opinions as to the procedure in the case we deem it advisable to state our views on this point.

On February 5, 1962, Sandler, driver of one of the cars in an automobile collision, sued Bernard Budde, driver of the other car, and Anna Budde, alleged to be his principal, in the County Court of Philadelphia. The Buddes thereafter counterclaimed for the damage to their car. On April 23, 1962, the Buddes and their passengers sued Sandler in the court of common pleas.

The county court suit was referred to arbitrators and on July 23, 1962, after a hearing, they filed an award in favor of Sandler against the Buddes in the sum of $1562.50, and also in favor of Sandler on the Buddes' counterclaim. On July 23, 1962, Sandler filed his bill of costs in the sum of $30.65. On August 3, 1962, the Buddes filed an appeal from the award, but failed to pay the amount of Sandler's bill of costs. The county court docket recites "Transferred to CP-5 Sept. 1962 No. 54. All record costs to date paid." Immediately following this appears a list of costs as follows:

Clerk $5.00

Bond ...


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