Samuel Cupples Wooden Ware Co. v. Howe
Supreme Court of Pennsylvania
Appeal, No. 77, Jan. T., 1894, by plaintiff, from order of C. P. Erie Co., Sept. T., 1892, No. 227, re-instating appeal from alderman. Rule to re-instate appeal from alderman. From the record it appeared that, on Aug. 4, 1892, plaintiff recovered a judgment before Alderman Swalley for $227.20. Defendants appealed and filed a transcript of the alderman in the court of common pleas.
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Appeal, No. 77, Jan. T., 1894, by plaintiff, from order of C. P. Erie Co., Sept. T., 1892, No. 227, re-instating appeal from alderman. Rule to re-instate appeal from alderman. From the record it appeared that, on Aug. 4, 1892, plaintiff recovered a judgment before Alderman Swalley for $227.20. Defendants appealed and filed a transcript of the alderman in the court of common pleas. Plaintiff, alleging that the appeal had not been taken in time, obtained a rule to strike off the appeal, and this rule was subsequently made absolute. On Nov. 12, 1892, defendant obtained a rule to show cause why…
1Opinion of the Court
Opinion by
Me. Justice Fell,
The appeal in this case must be quashed, as the judgment appealed from is not a final judgment.
What was said by this court, in The Citizens’ Building and Loan Association v. Hogeland & Gass, 87 Pa. 326, on an appeal from an order opening a judgment, is'directly applicable: “ It is manifest, no final judgment upon the application takes place against the plaintiff until the case has been heard and the judgment entered thereon, setting it aside or lessening its amount. Here the judgment was merely opened and an issue awarded. Until the issue is tried and the court acts…
2Cases cited3 opinions
- Campbell v. SloanSupreme Court of Pennsylvania · 1870
- Peoples' Fire Insurance v. HartshorneSupreme Court of Pennsylvania · 1877
- Citizens' Building & Loan Ass'n v. Hoagland & GassSupreme Court of Pennsylvania · 1878
3Cited by4 opinions
- Yost v. DavisonSuperior Court of Pennsylvania · 1897
- Commonwealth v. LuckeySuperior Court of Pennsylvania · 1906
- Drum v. UplingerSuperior Court of Pennsylvania · 1899
- Sheafer v. MelcherSuperior Court of Pennsylvania · 1911