Butler v. Emerson

Opinion by

President Judge Crumlish, Jr.,

This is an appeal 1 from a Bradford County Common Pleas Court order granting partial peremptory judgment in a mandamus action. We quash the appeal.

Peremptory judgment was entered January 7,1981. The trial court dismissed the appellants’ exceptions on June 11, 1981, and an appeal was taken to this Court. However, the docket does not show that a motion to open judgment has ever been filed and ruled upon by the trial court.

Regarding the entering of peremptory judgment in mandamus, Pa. R.C.P. No. 1098 provides in part:

At any time after the filing of the…