decided: June 28, 1972.
NARDO ET UX., APPELLANTS,
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.
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.
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