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SCIENTIFIC LIVING v. HOHENSEE (11/14/67)

SUPREME COURT OF PENNSYLVANIA


decided: November 14, 1967.

SCIENTIFIC LIVING, INC.
v.
HOHENSEE, APPELLANT

Appeal from decree of Court of Common Pleas of Lackawanna County, Sept. T., 1965, No. 16, in case of Scientific Living, Inc. v. Ervin Hohensee.

COUNSEL

Ervin Hohensee, appellant, in propria persona.

William T. Malone, with him Powell and Malone, for appellee.

Bell, C. J., Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Mr. Justice Musmanno took no part in the consideration or decision of this case.

Author: Per Curiam

[ 427 Pa. Page 321]

This appeal taken under the Act of March 5, 1925, P. L. 23, 12 P.S. §§ 672-675, questioning the jurisdiction of the lower court over the person of the defendant, must be quashed.

The Act of 1925, supra, § 3, 12 P.S. § 674, expressly stipulates that "The appeal here provided for must be taken and perfected within 15 days from the date when the decision is rendered." (Emphasis added.) This requirement, which was not followed in the instant case, is mandatory and admits of no exceptions. See Pennsylvania Coal Co. v. Luzerne County, 390 Pa. 143,

[ 427 Pa. Page 322134]

A.2d 657 (1957), and Schwartz v. Schwartz, 419 Pa. 559, 215 A.2d 614 (1966).

Appeal quashed. Costs on appellant.

Disposition

Appeal quashed.

19671114

© 1998 VersusLaw Inc.



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