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LOGAN v. CHERRIE ET AL. (10/12/71)

SUPREME COURT OF PENNSYLVANIA


decided: October 12, 1971.

LOGAN
v.
CHERRIE ET AL., APPELLANTS

Appeal from decree of Court of Common Pleas of Chester County, No. 1809 of 1966, in case of Leebert L. Logan v. Hubert B. Cherrie, II, and Interstate Enterprises, Inc.

COUNSEL

Lawrence M. Aglow, for appellant.

Joseph F. Harvey, with him MacElree, Platt & Harvey, for appellee.

Bell, C. J., Jones, Eagen, O'Brien, Roberts, Pomeroy and Barbieri, JJ.

Author: Per Curiam

[ 444 Pa. Page 556]

Appellants appeal from a final decree in equity. We have consistently held that matters not properly raised in the court below cannot be raised on appeal. See, e.g., Corabi v. Curtis Publishing Co., 437 Pa. 143, 150, 262 A.2d 665, 668 (1970); Brunswick Corporation v. Key Enterprises, Inc., 431 Pa. 15, 18, 244 A.2d 658, 660 (1968). The record reveals that appellants, in clear violation of Pa. R. C. P. 1518, 1530(e), failed to file any exception or exceptions to the decree in the court below upon which the final decree was predicated and, therefore, waived all matters not covered by exceptions.

Decree affirmed. Appellants to pay costs.

Disposition

Decree affirmed.

19711012

© 1998 VersusLaw Inc.



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