Legal Opinion

Zimmerman & Co. v. Somerset Mutual Fire Insurance

Superior Court of Pennsylvania

Decided April 13, 1927No. Appeal 123Published

1Opinion of the Court

Per Curiam,

This appeal is from judgment entered in the court below pursuant to authority conferred in a case stated submitted by tbe parties, for tbe opinion of that court. Neither party reserved the right to appeal in the event of an adverse judgment.

It has long been the law that no appeal lies from a judgment so entered unless the right to appeal is reserved in the case stated: Fuller v. Trevoir, 8 S. & R. 529; Hughes’ Admr. v. Peaslee, 50 Pa. 257; Commonwealth v. Callahan, 153 Pa. 625. As the parties agreed to be bound by the judgment entered below, this court cannot entertain the appeal.…

2Cases cited2 opinions

  1. Commonwealth v. CallahanSupreme Court of Pennsylvania · 1893
  2. Hughes's Administrator v. PeasleeSupreme Court of Pennsylvania · 1865

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