Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

NARDO ET UX. v. SMITH (06/28/72)

SUPREME COURT OF PENNSYLVANIA


decided: June 28, 1972.

NARDO ET UX., APPELLANTS,
v.
SMITH

Appeal from decree of Court of Common Pleas of York County, Aug. T., 1966, No. 17, in case of Frank A. Nardo and June A. Nardo v. Vernon R. Smith and Ellen Smith.

COUNSEL

John F. Rauhauser, Jr., for appellants.

William H. Neff, Jr., with him Stock and Leader, for appellees.

Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ.

Author: Per Curiam

[ 448 Pa. Page 38]

This is an appeal from a final decree in equity.

The decree appealed from was entered in the court below on July 12, 1971. Under the Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P. L. 673, § 502(a), 17 P.S. § 211.502(a) (Supp. 1972), the appeal was required to be filed within thirty (30) days of the entry of the decree in the court below. The instant

[ 448 Pa. Page 39]

    appeal was not filed until August 12, 1971, or thirty-one (31) days after the entry of the decree in the court below.

Where an act of assembly fixes the time within which an appeal may be taken, the time may not be extended as a matter of indulgence. See, e.g., Luckenbach v. Luckenbach, 443 Pa. 417, 281 A.2d 169 (1971), and cases cited therein.

Appeal quashed. Each party to pay own costs.

Disposition

Appeal quashed.

19720628

© 1998 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.