Kukla v. Gonski

It is urged, in support of the motion to dismiss the appeal, that the averments by which Annie Kukla ' Gonski seeks to recover the value of the use and occupation transforms her action to quiet title into an action at law and that therefore, notwithstanding the consolidation of the cases, appeal will not lie. We can not assent to that contention- but hold that the consolidated action is appealable. It must be remembered that the provisions of law granting a right of appeal in chancery cases should be liberally construed. By the consolidation we may fairly treat the plaintiff in the second…