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YELLOW CAB COMPANY PHILADELPHIA v. CARPOL REALTY CO. (10/12/71)

decided: October 12, 1971.

YELLOW CAB COMPANY OF PHILADELPHIA, APPELLANT,
v.
CARPOL REALTY CO., INC.



Appeal from order of Court of Common Pleas of Philadelphia, April T., 1970, No. 1833, in case of Yellow Cab Company of Philadelphia v. Carpol Realty Co., Inc.

COUNSEL

Bernard J. Smolens, with him Michael Sklaroff, and Schnader, Harrison, Segal & Lewis, for appellant.

Oscar Spivak, for appellee.

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

Author: Per Curiam

[ 444 Pa. Page 575]

A petition to open judgment, while addressed to the equitable powers of the Court of Common Pleas, is not an "action or proceeding in equity" within the meaning of Section 202(4) of the Appellate Court Jurisdiction Act of 1970. Act of July 31, 1970, P. L. 673, 17 P.S. § 211.101. See Cochran v. Eldridge, 13 Wr. 365 (1865); Mitchell, Motions and Rules at Common Law, 118-120 (1906). Jurisdiction of an appeal from a final order making absolute a rule to open a judgment is thus properly vested in the Superior Court. Section 302, Appellate Court Jurisdiction Act of 1970.

[ 444 Pa. Page 576]

The record herein is hereby transferred to the Superior Court. Appellate Court Jurisdiction Act of 1970, supra, § 503(b) and § 302.

Costs on appellant.

Disposition

Record transferred to Superior Court.

19711012

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