Koppelman v. Jay

Opinion by

Ross, J.,

This appeal deals wholly with equity practice under rules 48 and 49 of the Equity Rules and requires no reference to the facts or merits of the case.

To the appellants’ bill of complaint, filed on January 12, 1946, the defendants on February -7 filed preliminary objections under rule 48 of the Equity Rules. No hearing or argument was held upon the preliminary objections but on March 25, by agreement between counsel for the parties, the following order was entered by the court below: “Preliminary Objections sustained and Bill dismissed by agreement.” On May 3 the defendants…