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KUKICH v. SERBIAN EASTERN ORTHODOX CHURCH PITTSBURGH. (07/01/64)

July 1, 1964

KUKICH, APPELLANT,
v.
SERBIAN EASTERN ORTHODOX CHURCH OF PITTSBURGH.



Appeal, No. 110, March T., 1964, from judgment of Court of Common Pleas of Allegheny County, Oct. T., 1962, No. 3690, in case of George Kukich, Alexander G. Brnilovich, Stanley Ivosevich et al. v. Serbian Eastern Orthodox Church of Pittsburgh, Nicholas R. Stone, Walter R. Ranich et al. Appeal quashed.

COUNSEL

Harry Alan Sherman, for appellants.

Robert Rade Stone, with him George Raynovich, Jr., for appellees.

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

Author: Eagen

[ 415 Pa. Page 28]

OPINION BY MR. JUSTICE EAGEN

In this action in equity, the chancellor entered a compulsory non-suit. No motion to remove or set aside the judgment was entered below, but instead an appeal was filed directly to this Court. The appeal was prematurely taken and must be quashed.

An appeal does not lie from the entry of a judgment of non-suit but rather from the refusal to take it off:

[ 415 Pa. Page 29]

    was in fact completed. To this, all counsel agreed. It was after the plaintiffs had completed their case in chief that the judgment was entered without consideration being given to the evidence of the defendants. Under such circumstances, the chancellor clearly had the power to enter the compulsory non-suit.

Disposition

Appeal quashed. Costs on the ...


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