Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

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

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

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. § 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

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