Opinion
January 6, 1941.
Appeals — Time — Judgment for want of sufficient replication — Order allowing reargument on exceptions to entry of judgment.
1. A judgment for want of sufficient replication to defendants' affidavit of defense to a scire facias sur municipal lien is a final judgment at law. [310-11]
2. Orders allowing reargument before the court in banc on exceptions to the entry of the judgments in this case did not open them or otherwise result in extending the time for appeal filed by statute. [311]
Petitions, Nos. 1141A and 1142A Misc. Docket, for leave to appeal from order of Superior Court quashing appeals from judgments of C. P. Erie Co., May T., 1939, Nos. 95 and 110, in cases of City of Erie v. A Piece of Land, etc.; and City of Erie v. A Piece of Land, etc. Petitions dismissed.
These are two applications for leave to appeal from an order of the Superior Court quashing the appeals on the ground that they were not taken within three months of the entry of the final judgments entered in the Common Pleas.
The judgments entered January 10, 1940, for want of sufficient replication, were final judgments at law. The orders of January 26, 1940, allowing reargument before the court in banc on exceptions to the entry of the judgments did not open them or otherwise result in extending the time for appeal fixed by statute. See Barlott v. Forney, 187 Pa. 301, 41 A. 47; Bache v. Locke, 86 Pa. Super. 501; Miller v. Mt. Lebanon Twp., 309 Pa. 221, 163 A. 511. Compare Commonwealth v. Emerson Custis Co., 139 Pa. Super. 22, and cases cited p. 25 et seq., 10 A.2d 850; Slagle's Estate, 335 Pa. 552, 7 A.2d 353.
The practice in such actions at law is not to be confused with procedure in equity (Rule 71) or to remove a nonsuit (Act of March 11, 1875, P. L. 6, 12 Pa.C.S.A. § 645; Fine v. Soifer, 288 Pa. 164, 135 A. 742) or in the Orphans' Court in counties not having a separate Orphans' Court; compare Com. v. Linderman's Estate, 340 Pa. 289.
Petitions dismissed.