Kepner's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Schuylkill county: Of January Term 1880, No. 327. Libel in divorce by Sophia Kepner, by her next friend, Levi Huber, against S. K. M. Kepner.
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Appeal from the Court of Common Pleas of Schuylkill county: Of January Term 1880, No. 327. Libel in divorce by Sophia Kepner, by her next friend, Levi Huber, against S. K. M. Kepner. On the 25th of January 1869, Sophia Kepner filed her libel in the Court of Common Pleas of Schuylkill county, upon which the court awarded a subpoena, which was returned non est inventus, and thereupon, on the 1st of March 1869, the court, upon motion, awarded an alias subpoena to June Term 1869. This alias subpoena was also returned non est inventus by the sheriff, and publication was made for four weeks in July…
1Opinion of the Court
The judgment of the Supreme Court was entered
2Per curiam
The decree below was entered September 6th 1869. The appeal is clearly barred by lapse of time. The refusal of the court, May 19th 1879, and .again, February 14th 1880, to grant a rule to show cause why the decree should not be revoked, was clearly not the subject of review by appeal to this court. We cannot in this way decide whether this court had jurisdiction to enter the original decree or did so upon sufficient evidence.
Appeal quashed.
3Cited by4 opinions
- Mintz v. MintzSuperior Court of Pennsylvania · 1924
- McCready v. GansSupreme Court of Pennsylvania · 1913
- Given v. GivenSuperior Court of Pennsylvania · 1904
- Field v. FieldSuperior Court of Pennsylvania · 1917