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KUNGSGATEN v. PHILADELPHIA (01/12/65)

SUPREME COURT OF PENNSYLVANIA


decided: January 12, 1965.

KUNGSGATEN, INC.
v.
PHILADELPHIA, APPELLANT

Appeal from order of Court of Common Pleas No. 6 of Philadelphia County, Dec. T., 1962, No. 3950, in case of Kungsgaten, Inc. v. City of Philadelphia.

COUNSEL

Levy Anderson, First Deputy City Solicitor, with him Matthew W. Bullock, Jr., Deputy City Solicitor, and Edward G. Bauer, Jr., City Solicitor, for City of Philadelphia, appellant.

Joseph H. Lieberman, for appellee.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ.

Author: Per Curiam

[ 416 Pa. Page 353]

An examination of the instant record discloses that this Court, because of the amount in controversy, lacks jurisdiction to entertain this appeal. The appellate jurisdiction of the Superior Court arises by statute*fn1 while the appellate jurisdiction of this Court arises not only by statute, but under the Constitution of the Commonwealth and under this Court's power of King's Bench. The amount in controversy in the case at bar clearly indicates that jurisdiction to entertain this appeal lies in the Superior Court, not this Court.

[ 416 Pa. Page 354]

Rule 68 1/2 of this Court, under the provisions of which the allowance of an appeal in this matter was improvidently permitted,*fn2 applies only in matters where this Court has appellate jurisdiction generally. Before resort may be had to Rule 68 1/2, the provisions of the statute and the Constitution relating to the appellate jurisdiction of this Court must be satisfied.

The matter is remitted to the Superior Court.

Disposition

Matter remitted to Superior Court.


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