GINSBURG v. CUSTER-FRAZER CORP., 409 Pa. 116 (1962)

185 A.2d 793

Ginsburg, Appellant, v. Custer-Frazer Corporation.

Supreme Court of Pennsylvania.October 10, 1962.
November 13, 1962.

Supreme Court — Appellate procedure — Rule 64 — Failure to file copies of record and brief.

In these appeals in which it appeared that the appellant, in violation of Rule 64, did not file any copies of the record or brief and also violated an order of the Supreme Court permitting the filing of records and briefs within a prescribed time, the appellee’s motions to quash the appeals were granted.

Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O’BRIEN and KEIM, JJ.

Appeals, Nos. 80 and 203, March T., 1962, from orders of Court of Common Pleas of Allegheny County, July T., 1960, Nos. D.S.B. 1850 and D.S.B. 1848, in cases of Paul Ginsburg v. Custer-Frazer Corporation, and Paul Ginsburg, assignee of Joseph W. Frazer v. Same. Appeals quashed; reargument refused December 5, 1962.

Proceeding to open judgment entered by confession on note.

Order entered opening judgment, opinion per curiam. Order entered sustaining defendant’s preliminary objections, and judgment set aside and Vacated. Plaintiff appealed.

Paul Ginsburg, for appellant.

Guy L. Warman, with him John A. Metz, Jr., and Metz, Cook, Hanna Kelly, for appellee.

OPINION PER CURIAM, November 13, 1962:

The above cases were listed and called for argument before us at Pittsburgh on October 10, 1962. Prior to that time appellant had failed to file in either case a copy of the record or a brief in any form, as required by Rule 64 of this Court, and appellee had filed a motion

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to quash. After consideration, we then entered the following Order:

“Nos. 80 and 203 March Term, 1962

“PER CURIAM. October 10, 1962.

“Leave granted to appellant to file and serve briefs and record prepared by multigraph, mimeograph, hectograph or any other mechanical process which makes all copies perfectly and equally legible, on or before October 26, 1962; if briefs and record are not so filed appellee’s motion to quash the appeals will be granted.”

On October 22, 1962, appellant filed in each case a petition for a clarification of the aforesaid Order and for a stay of proceedings. These petitions were without merit, and were denied on October 29, 1962.

As appellant has not complied with this Court’s aforesaid Order of October 10, 1962, appellee’s motion to quash in each case is hereby granted.