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MCFARLAND v. WEILAND PACKING CO. (01/05/65)

decided: January 5, 1965.

MCFARLAND, APPELLANT,
v.
WEILAND PACKING CO., INC., APPELLANT



Appeals from order of Court of Common Pleas of Chester County, No. 1631 of 1963, in case of Charles McFarland v. Weiland Packing Co., Inc.

COUNSEL

Joseph P. Phelps, Jr., for plaintiff.

Bayard M. Graf, with him J. Willison Smith, Jr., G. Clinton Fogwell, Jr., and Reilly & Fogwell, for defendant.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Eagen

Author: Eagen

[ 416 Pa. Page 278]

Plaintiff claims damages from the defendant-corporation for an alleged breach of contract. In this equity action, plaintiff seeks payment of the claim and an order enjoining the defendant from liquidating its assets, and winding up its corporate affairs, or, in the alternative, an order directing that sufficient assets be set aside to satisfy the claim.

Preliminary objections to the complaint were filed, which, inter alia, challenged the jurisdiction of the court, basically bottomed upon the contention that the defendant was not a party to the contract involved,

[ 416 Pa. Page 279]

    and that the real party thereto, a foreign corporation, should have been named the party-defendant. The court below overruled the jurisdictional and other objections, but entered an order certifying the action to the law side of the court under Pa. R. C. P. 1509(c). Both parties appealed.

Plaintiff's Appeal No. 52

An order certifying an equity action to the law side of the court is an interlocutory order which has not been made appealable by statute: Nachod v. Nachod, 402 Pa. 60, 166 A.2d 18 (1960), and White v. Young, 402 Pa. 61, 166 A.2d 663 (1960). This appeal is, therefore, quashed. Costs to be paid by appellant.

Defendant's Appeal No. 34

Appellant contends herein that the order of the court below overruling its objection to the court's jurisdiction is appealable under the Act of March 5, 1925, P. ...


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