Opinion
March 26, 1953.
April 13, 1953.
Appeals — Timeliness — Quashing.
An appeal from an order of the court below which is not taken within three calendar months, as prescribed by statute, will be quashed by the appellate court of its own motion.
Before STERN, C. J., STEARNE, JONES, CHIDSEY, MUSMANNO and ARNOLD, JJ.
Appeal, No. 15, March T., 1953, from decision of Court of Common Pleas of Allegheny County, Jan. T., 1951, No. 2708, in case of Harry Dipple, etc., v. City of Pittsburgh and Edward R. Frey, Controller. Appeal quashed.
Mandamus proceeding.
Order entered sustaining complaint, before MARSHALL, ELLENBOGEN and O'BRIEN, JJ., opinion by MARSHALL, J. City-defendant appealed.
J. Howard Devlin, Assistant City Solicitor, with him Anne X. Alpern, City Solicitor, and J. Frank McKenna, Assistant City Solicitor, for appellant.
Allen H. Berkman, for appellee.
The appeal in this case was not taken within three calendar months, as prescribed by statute, after the order of the court below was entered. Therefore, lacking jurisdiction, we are obliged to quash the appeal of our own motion, which we do the less reluctantly because of the satisfactory disposition by Judge MARSHALL, speaking for the court en banc, of the questions submitted to the court in the case stated.
Appeal quashed.