Opinion
April 19, 1967.
June 29, 1967.
Appeals — Appealable orders — Interlocutory orders — Order dismissing post-trial motions — Failure to enter judgment on verdict — Quashing appeal.
An appeal from an order dismissing a motion for judgment non obstante veredicto or, in the alternative, for a new trial, where no judgment has been entered on the verdict, must be quashed as an appeal from an interlocutory order.
Mr. Justice MUSMANNO took no part in the consideration or decision of this case.
Before BELL, C. J., JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 206, Jan. T., 1967, from order of Court of Common Pleas of Chester County, May T., 1963, No. 104, in case of Catherin E. Straw v. Paul M. Sands and Helen Sands, his wife. Appeal quashed.
Ejectment. Before RILEY, J.
Verdict for defendants, and plaintiff's motions for new trial and judgment non obstante veredicto dismissed. Plaintiff appealed.
William L. McLaughlin, for appellant.
Robert S. Gawthrop, Jr., with him Gawthrop Greenwood, for appellees.
In this ejectment action, the jury returned a verdict in favor of Paul M. Sands and Helen Sands, his wife, and against Catherin E. Straw. Subsequent thereto, Catherin E. Straw filed motions for judgment n.o.v. or, in the alternative, a new trial. On November 7, 1966, the motions for judgment n.o.v. and a new trial were dismissed. Approximately two months thereafter an appeal was taken to this Court.
No judgment on the verdict has ever been entered. In the absence of the entry of such judgment the present appeal is premature. See: Lynch v. Metropolitan Life Insurance Company, 422 Pa. 488, 222 A.2d 925 (1966).
Appeal quashed.
Mr. Justice MUSMANNO took no part in the consideration or decision of this case.