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HERMAN v. HARBORCREEK TOWNSHIP (07/01/74)

SUPREME COURT OF PENNSYLVANIA


decided: July 1, 1974.

HERMAN
v.
HARBORCREEK TOWNSHIP, APPELLANT

Appeal from decree of Court of Common Pleas of Erie County, No. 60 of 1969, in case of Carl J. Herman and Martha Herman, his wife v. Harborcreek Township.

COUNSEL

Eugene J. Brew, Jr., and Dale and Brew, for appellant.

Andrew J. Conner and Dunn & Conner, for appellees.

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

Author: Per Curiam

[ 458 Pa. Page 202]

The decree of the court below, sustaining in part and overruling in part appellant's preliminary objections to appellees' complaint in equity, is neither a final decree which "terminates the litigation between the parties to the suit by precluding a party from further action in that court", James Banda, Inc. v. Virginia Manor Apartments, Inc., 451 Pa. 408, 410, 303 A.2d 925 (1973) [quoting from Stadler v. Mt. Oliver Borough, 373 Pa. 316, 318, 95 A.2d 776 (1953)], nor an interlocutory decree on a question of jurisdiction made appealable under the Act of March 5, 1925, P. L. 23, 12 P.S. ยง 672,

[ 458 Pa. Page 203]

Miller Estate v. Department of Highways, 424 Pa. 477, 227 A.2d 679 (1967). The decree is, therefore, not appealable, and the appeal therefrom must be quashed.

It is so ordered. Costs on appellant.

Disposition

Appeal quashed.

19740701

© 1998 VersusLaw Inc.



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