Constitutional Party of Pa. v. Kilgore

Full title: Constitutional Party of Pennsylvania, Appellant, v. Kilgore

Court: Supreme Court of Pennsylvania

Date published: Oct 2, 1967

233 A.2d 223 (Pa. 1967)

233 A.2d 223

Opinion

October 2, 1967.

October 2, 1967.

Appeals — Appealable order — Entry of nonsuit — Act of March 11, 1875, P. L. 6.

Under the Act of March 11, 1875, P. L. 6, § 1, an appeal does not lie from an order entering a judgment of compulsory nonsuit; the only appealable order is the refusal of the court en banc to set aside the nonsuit.

Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

Appeal, No. 41, March T., 1968, from decision of Court of Common Pleas of Westmoreland County, July T., 1967, No. 940, in case of The Constitutional Party of Pennsylvania, The Executive State Committee of The Constitutional Party of Pennsylvania, The County Committee of The Constitutional Party of Pennsylvania v. Robert A. Kilgore, Jay W. Kromer and Smith McKee, members of Westmoreland County Board of Elections. Appeal quashed.

Mandamus.

Intervenors' motion for nonsuit granted and plaintiffs appealed without filing motion to set aside nonsuit.

Robert M. Stefanon, for appellants.

Thomas R. Ceraso, with him Scales and Shaw, for intervenors.

OPINION PER CURIAM, October 2, 1967:

Appeal quashed. Kukich v. Serbian E. Orth. Ch. of Pgh., 415 Pa. 28, 202 A.2d 77, and cases cited therein.